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Transcript of Building Regulations- Gurgaon.pdf
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Part I
REGULATIONS 1. Short Title and Commencement
I. These rules may be called the Haryana Municipal Corporation Town
Planning and Building Regulations, 2008. II. They shall come into force from the date of publication.
III. It extends to the whole of the State of Haryana excluding the Cantonment Areas
therein.
2. Definitions [Sections 265, 349 and 392 (D):- In this Part, unless the context otherwise requires:-
i) ‘abut’ a building shall be said to abut on a street when the outer face of any of its
external walls is on the street boundary
ii) ‘Act’ means the Haryana Municipal Corporation Act, 1994.
iii) ‘ancillary zone in the residential area’ means a zone of building attached to and
serving the main residential building and includes garage, store room, fuel store and
servant quarters ,but shall not include a guest house capable of use as an independent
dwelling unit ;
iv) ‘ancillary zone in industrial area’ means the building ancillary to and serving the
main industrial building and includes godown, cycle-shed , dispensary, canteen,
electric sub-station and quarters for watch and ward staff but shall not include
residential accommodation for superior staff;
v) ‘applicant’ shall mean a person who gives notice to the Commissioner of his intention
to erect or re-erect a building or to the change the existing use of the land /building
and shall include his-legal representatives;
vi) ‘architect’ shall mean a person registered with the Council of Architecture, whether
employed for preparation of plans or for supervision of construction or for both;
vii) ‘architectural Control Sheets’ shall mean sheet of drawing with directions signed by
the Commissioner and kept in his office showing the measure of architectural control
as prepared under rule 49;
viii) ‘apartment’ means a part of the property intended for any type of independent use,
including one
ix) or more rooms or enclosed spaces located on one or more floors or part or parts
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thereof, in a building intended to be used for residential purposes and with a direct
exit to a public street, road or highway or to a common area leading to such street,
road or highway;
ix) ‘approved’ means approved by the Commissioner, Municipal Corporation.
x) ‘area’ means the Municipal Corporation Area.
xi) ‘authorised officer’ means an officer authorised by the Commissioner, Municipal
Corporation.
xii) ‘balcony’ shall mean a cantilevered horizontal projection from the wall of a building
not supported from the ground and having a balustrade or railing and intended for
human use;
xiii) ‘barsati’ shall mean a roofed structure above the roof of a building used as shelter
during the rains;
xiv) ‘base’ applied to a wall or a column, shall mean the underside of that part of the wall
or of the column which immediately rests upon the footing or foundation or upon any
bressumer or other structure by which wall or column is carried;
xv) ‘basement storey’ shall mean the storey which is next below the ground storey or
which is in any part more than half of its height below the mean level of the street or
ground adjoining the building;
xvi) ‘bressummer’ shall mean a beam or girder which carries a wall;
xvii) ‘building ‘ means any structure for whatsoever purpose and of whatsoever materials
constructed and every part thereof whether used as human habitation or not and
includes foundation, plinth , walls , floors , roofs, chimneys , plumbing and building
services , fixed plate forms , varandah, balcony, cornice or projection , part of a
building or anything affixed thereto or any wall enclosing or intended to enclose any
land or space. Signs and outdoors display structures, tents, shamianas, tarpaulin
shelters etc. erected for temporary and ceremonial occasions with the permission of
the Commissioner, Municipal Corporation shall not be considered as building. Based
upon the occupancy, following shall be its classification, namely-
a. Residential building, that is to say, any building in which sleeping
accommodation is provided for normal residential purposes with or cooking
facility or dining facility or both, and such building shall include one or two or
multi-family dwelling, lodging or rooming houses and flats, and private garages.
b. Educational building, that is to say, any building used for school, college or day-
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care purpose involving assembly for instruction, education use,
c. Institutional building, that is to say, any building or part thereof ordinarily
providing sleeping accommodation for occupants and used for the purpose of
medical or other treatment or care of persons suffering from physical or mental
illness, disease or infirmity, care of infants, convalescents or aged persons and for
penal or correctional detention in which the liberty of the inmates is restricted,
and such building shall include hospitals, clinics, dispensaries, sanatoria, custodial
institutions, and penal institutions like jails, prisons, metal hospitals and
reformatories,
d. Assembly buildings, that is to say, any building or part thereof where groups of
people congregate or gather for amusement or recreation or for social, religious,
patriotic, civil travel, sports and similar other purposes, and such buildings shall
include theatres, motion picture houses, drive-in-theatres, city halls, town halls,
auditoria, exhibition halls, museums, skating rinks, gymnasia, restaurants, eating-
houses, hotels, boarding-houses, places of worship, dance halls, club rooms,
gymkhanas, passenger stations and terminals of air, surface and other public
transportation services, recreation piers, and staida,
e. Business buildings, that is to say, any building or part thereof used for transaction
of business or for the keeping of accounts and records or for similar purpose and
such buildings shall include offices, banks, professional establishment, court
houses, and libraries for the principal function of transition of public business and
keeping of books and records, and shall also include office buildings (premises)
solely or principally used as an office or for office purpose.
f. Mercantile building, that is to say, any building or part thereof used as shops,
stores or markets for display or sale of merchandise, either wholesale or retail, or
for office, storage or service facilities incidental to the sale of merchandise and
located in the same building, and such building shall include establishments
wholly or partly engaged in wholesale trade, manufacturer’s whole-sale outlets
(including related storage facilities), warehouses, and establishments engaged in
truck transport (including truck transport booking agencies)
g. Industrial buildings, that is to say, any building or structure or part thereof in
which products of materials of all kinds and properties are fabricated, assembled
or processed as in assembly plants, and such buildings shall include laboratories,
power plants, smoke houses, refineries, gas plants, mills, dairies, factories,
workshops, automobile repair garages and printing presses,
h. Storage building, that is to say, any building or part thereof used primarily for the
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storage or sheltering of goods, wares or merchandise as in warehouse, and such
buildings shall include cold storages, freight depots, transit sheds, store houses,
public garages, hangars, truck terminals, grain elevators, barns and stables.
i. Hazardous buildings, that is to say, any building or part thereof used for the
storage, handling, manufacture or processing of highly combustible or explosive
materials or products, which are liable to burn with extreme rapidity or which
may produce poisonous fumes or explosions during storage, handling,
manufacture or processing or which involve highly corrosive, toxic or noxious
alkalis, acids or other liquids or chemicals producing flames, fumes, explosions or
mixtures of dust or which result in the division of matter into fine particles subject
to spontaneous ignition ;
(xviii) ‘building rules’ means the Haryana Municipal Corporation Building Regulations ,
2008;
(xix) ‘building activity’ means erection , re-erection, making material alteration ,
demolition of any building.;
(xx) ‘building line’ shall mean a fixed line, if any, specified for a site beyond which no
building within that site other than a compound wall shall project;
(xxi) ‘built up area’ is that portion of Municipal Corporation Area of which the greater
part has been developed as a business or residential area;
(xxii) ‘class of building based on occupancy’ shall mean a building in one of the following
categories:-
(a) residential building;
(b) commercial building;
(c) warehouse and industrial building;
(d) information technology building;
(e) Institutional/ public building;
(f) public utility building
(g) recreational building.
(xxiii) ‘canopy’ means a cantilevered projection from the face of a wall over an entrance to
the building at the lintel level provided as per provisions of these rules,
(xxiv) ‘change of land use’ means
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(a) to erect a new building on any site other than in approved scheme,
(b) to convert into a dwelling house any building or any part of a building not
originally so constructed for human habitation or ,if originally so
constructed for human habitation, subsequently appropriated for any other
purpose,
(c) to convert into a stall, shop, office, warehouse or godown, workshop,
factory, garage or any building not originally constructed for use as such,
(xxv) ‘chhajja’ or ‘sun-shade’ means a sloping or horizontal structure over hanging
usually provided over openings on external wall to provide protection from sun and
rain and shall not be used for human habitation;
(xxvi) ‘chimney and flue’ means the ventilating shaft/absorber provided in the building for
intake and disposal of smoke above the fire place/cooking platform/range.
(xxvii) ‘colony, means an area of land divided or proposed to be divided into plots or flats
for residential, commercial, industrial, cyber city or cyber park purposes or for the
construction of flats in the form of group housing or for the construction of
integrated commercial complexes, but an area of land divided or proposed to be
divided-
a. for the purpose of agriculture; or
b. as a result of family partition, inheritance, succession or partition of joint
holding not with the motive of earning profit ; or
c. in furtherance of any scheme sanction under any other law ; or
d. by the owner of a factory for setting up of a housing colony for the labourers
or the employees working in the factory; provided there is no profit motive;
or
e. when it does not exceed one thousand square meters or such less area as
may be decided from time to time in an urban area to be notified by
Municipal Corporation for the purposes of this sub-clause. shall not be a
colony ;
(xxviii) ‘commercial building’ shall mean a building used or constructed or adapted to be
used wholly or partially for shops, offices, banks or other similar purposes but shall
not include industries and motor garages;
(xxix) ‘controlled area’ means any area declared under section 4 of Act No. 41 of 1963 or
section 346 of Act No. 16 of 1994.
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(xxx) ‘courtyard’ shall mean an area open to the sky for providing light and ventilations to
habitable areas but within the boundary of a plot, which is enclosed or partially
enclosed by buildings/boundary walls or railings. It may be at ground floor level or
any other level within or adjacent to a building;
(xxxi) ‘covered area’ means the areas covered immediately above the plinth level by the
building but does not include the spaces covered by –
1. garden , rockery , well and well structures, plant nursery, water pool,
swimming pool ( if not covered,) platform around a tree , tank , fountain,
bench, chabutra with open top and not enclosed on sides by walls and the
like;
2. Drainage culvert, conduit, catch-pit ,gully-pit and chamber gutter;
3. Compound wall, gate, cantilevered porch (without any storey above) and
areas covered by chajja; and portico, slide , swing , open staircases for
fire escape.
(xxxii) ‘cyber city’ means self contained intelligent city with the high quality infrastructure ,
attractive surrounding and high speed communication access to be developed for
nucleating the information technology concept and germination of medium and large
software Companies and /Information Technology enabled services, wherein no
manufacturing unit shall be permitted;
(xxxiii)‘cyber park/I.T. Park’ means an area developed exclusively for locating software
development activity and Information Technology enabled services, wherein no
manufacturing of any kind ( including assembling activities) shall be permitted;
(xxxiv) ‘corporation’ means the Commissioner declared and constituted under section 3and 4
of Haryana Municipal Corporation Act, 1994;
(xxxv) ‘damp Proof Course’ impermeable layer laid in the walls just below the level of the
floor for preventing seapage/penetration of Dampness in the walls.
(xxxvi) ‘declaration’ mean the instrument by which the property containing apartments is
submitted to the provisions of the Haryana Apartment Ownership Act 1983 and
includes the amended declarations;
(xxxvii) ‘development plan’ in respect of controlled area means the final plan notified and
published in the official gazette under sub-section (7) of Section 5of the Punjab
Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act,
1963 , as amended from time to time or under Sub-section (7) of Section 346 of the
Haryana Municipal corporation Act 1994;
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(xxxviii) ‘drain’ means a conduit or channel for the carriage of storm water or other used
water;
(xxxix) ‘drainage’ means the removal of any liquid by a system constructed for this purpose:
(xl) ‘dwelling unit’ means a self contained building with such out- buildings as are
ordinarily ancillary to the main building and used in connection therewith and
physically incapable of subdivision into two or more independent building unit. A
dwelling unit, may however, be owned by an individual or may be jointly or severally
owned, provided it remains a single individual ownership;
(xli) ‘external development works’ include water supply, sewerage, drains, necessary
provisions of treatment and disposal of sewage, sullage and storm water, road,
electrical works, solid waste management and disposal, slaughter houses, colleges,
hospitals, stadium/ sports complex, fire station, grid sub-stations etc and any other
work which the Commissioner may specify to be executed in the periphery of or
outside colony/ area for the benefit of the colony/ area.
(xlii) ‘existing building or use’ means building structure or its use as sanctioned /approved
by the competent authority, existing before the commencement of these regulations;
(xliii) ‘external wall’ shall mean an outer wall or vertical enclosure of any building not being
a party wall even though adjoining to a wall of another building and shall not include
a wall abutting on an interior open space of any building but shall not include an outer
verandah wall;
(xliv) ‘farm house’ means a plot of land including construction thereon in the area designated
for agricultural use ;
(xlv) ‘flat’ means a part of any property, intended to be used for residential purposes,
including one or more rooms with enclosed spaces located on one or more floors,
with direct exit to a public street or road and includes any garage or room whether or
not adjacent to the building in which such flat is located provided by the colonizer/
owner of such property for use by the owner of such flat for parking nay vehicle or
for residence of any person employed in such flat, as the case may be;
(xlvi) ‘floor’ means the lower surface in the storey on which one normally walks in a
building;
(xlvii) ‘floor area ratio ( FAR)’ mean a quotient obtained by dividing the multiple of the total
of the covered area of all floors and hundred , by the area of plot i.e.
total covered area X 100
FAR = ------------------------------;
Plot area
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For the purpose of calculating FAR , cantilevered permitted roof projections, lift
room, mumty, basement if used for parking, services and storage, Stilts area
(unenclosed) proposed to be used for parking and pedestrian plaza only, open
staircase (without riser and mumty), open court yard of permitted size shall not be
counted towards FAR.
(xlviii) ‘form’ means a form appended to these rules;
(xlix) ‘framed building’ means a building the external walls of which are constructed of a
frame of timber, iron, rein-forced cement concrete or steel and such framing
consisting of posts or columns and beams filled in wholly or partially covered with
bricks ,stones, iron plates or other materials, and the stability of which depends upon
such framing;
(l) ‘Factory’ has the same meaning as in the Factories Act, 1948 (Act LXIII of 1948);
(li) ‘front’ as applied to a building shall mean generally the portion facing the street from
which it has access and in case of doubt as determined by the Commissioner;
(lii) ‘gallery’ shall mean a raised floor constructed within the height of the single storey;
(liii) ‘garage’ shall mean a building or portion thereof used or intended to be used for
shelter, storage or repair of a wheeled vehicle;
(liv) ‘ground floor’ shall mean the storey which has its floor surface nearest to the ground
around the building;
(lv) ‘group housing’ means a building designed and developed in the form of flats for
residential purpose or any ancillary or appurtenant building including community
facility, public amenities and public utility as may be prescribed ;
(lvi) ‘Government’ means the Commissioner and Secretary to the Government of Haryana in
the Urban Local Bodies Department :
(lvii) ‘habitable room’ shall mean a room constructed or adopted to be used by some person
either as a living room in which a part of the day is spent or a room in which some
person may pass the night and shall include a kitchen but shall not include a bath
room, water-closet or store room;
(lviii) ‘height’ as applied to a building shall mean the vertical measurement of the building
measured from the finished level of the center of the street where such street exists or
from the mean level of the ground adjoining the outside of the external walls to half
the height of the roof in the case of sloping roofs and to the highest level of the
building in case of buildings with flat roof excluding, the projected portions of
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mumties, flues, ducts, minarets and parapets not exceeding 1 meter in height.
Architectural features serving no other functions except that of the decoration shall
be excluded for the purpose of taking heights. Height as applied to a room shall mean
the vertical measurement from the upper surface of the floor to the under surface of
the ceiling of the same room, joist and beams being allowed to project beneath the
ceiling, and in the case of a sloping ceiling, the height shall be the mean height of any
such room;
(lix) ‘hazardous building’ refer to a building or a part of building which is used for the
storage, handling manufacturing or processing of highly combustible for explosive
materials or products which are liable to burn with extreme, rapidity or which may
produce poisonous fumes or explosions, or the storage or handing or manufacturing
or processing of highly corrosive, toxic or noxious alkalis, acids or other liquids or
chemicals producing flame, fumes or explosive, poisonous, irritant or corrosive gases
and the storage, handling or processing of any material producing explosive mixtures
of dust or which result in the division of matter into the fine particles subject to
spontaneous ignition;
(lx) ‘Integrated Commercial Complex’ means building containing apartments sharing
common services and facilities and having their undivided share in the land and
meant to be used for office or for practicing of any profession or for carrying on any
occupation, trade, business or such other type of independent use as may be
prescribed;
(lxi) ‘licensed plumber’ means a person registered with the Municipal Corporation and
possessing a qualification as laid down in Schedule III Appended to these rules:
(lxii) ‘loft’ means an intermediate floor in between two main floors but not more than 1.5
meters in height which may be adopted or constructed for storage purpose;
(lxiii) ‘layout plan’ means a plan of the entire site showing location of plots / building
blocks, roads , open spaces , entry/exit , parking, landscaping etc. indicating activity
of all land or partial;
(lxiv) ‘mumti’ shall mean a small structure erected on the roof of a building at the head of a
staircase to protect such staircase from weather;
(lxv) ‘material change of use’ shall mean a change from one class of building to another;
(lxvi) ‘mezzanine floor’ shall mean a gallery, balcony, or loft or an inter floor, not so
constructed as to be capable of used for living or sleeping and erected between the
floor and the ceiling of any storey not less than sixteen feet in height;
(lxvii) ‘non-conforming use-in respect of any land or building in a controlled area ‘ means
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the existing use of such land or building which is contrary to the major land use
specified for that part of the area in the development plan;
(lxviii) ‘occupancy’ means the main purpose of which a building or a part of building is used
or intended to be used and classification of a building according to occupancy shall
deem to include subsidiary occupancies which are contingent upon it ;
(lxix) ‘open space’ means a space forming an integral part of the plot left open to sky;
(lxx) ‘owner ‘means a person, group of persons, a company, trust ,institute , registered body,
state or Central Govt. and its Departments, undertakings and like in whose name the
property stands registered in the relevant records;
(lxxi) ‘plinth’ means the portion or structure between the surface of the surrounding ground
and surface of the floor immediately above the ground;
(lxxii) ‘plinth height’ means the height of the ground floor above the street level measured
from the level of the center of the adjoining street:
(lxxiii) ‘porch’ means a covered surface supported on pillars or otherwise for the purpose of
pedestrian or vehicular approach to a building ;
(lxxiv) ‘partition’ means a wall which bears no load other than its own weight;
(lxxv) ‘party wall’ shall mean a common wall partly constructed on one plot of land and
partly on an adjoining plot and serving both structurally;
(lxxvi) ‘plinth level’ shall mean the level of the ground floor of building;
(lxxvii) ‘premises’ shall mean messuages, building , land easements and hereditaments
of any tenure;
(lxxix) ‘public building’ shall mean a building used or constructed or adapted to be used;
either ordinarily or occasionally as a place of public worships or as a hospital,
college, school, hotel, restaurant, theatre, public hall, public concert room, public
lecture room, public exhibition or as a public place of assembly or entertainment for
person admitted thereto by tickets or occasionally for any similar public purpose;
(lxxx) ‘public utility building’ means any building required for running of public utility
services such as water supply, drainage, electric sub station & transformer rooms ,
post & telegraph , transport , solid waste management & disposal , fire station , bus
stand , taxi stand rickshaw stand, bus Q shelter ,sale tax & octroi barrier , ambulance
shelter, police control van (PCR ) shelter, traffic aid center, public telephone booth,
garbage collector, public toilets, piao,;
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(lxxxi) ‘public sewer’ shall mean a sewer constructed by Municipal Corporation or a local
authority or a colonizer;
(lxxxii) ‘plot’ means a piece of land enclosed by definite boundaries;
(lxxxiii) ‘parking space’ means a space enclosed or unenclosed to park vehicles together with
a driveway connecting the parking space with a street permitting ingress and egress
of the vehicles;
(lxxxiv) ‘rain water pipe’ shall mean a pipe or drain situated wholly above ground and
used or constructed to be used solely for carrying off rain water directly from roof
surfaces;
(lxxxv) ‘rear’ as applied to a building shall mean that portion which is on the opposite side of
the ‘front’;
(lxxxvi) ‘residential building’ shall mean a building used or constructed or adapted to be used
wholly or partially for human habitation and includes all garages, stables and other
out-buildings appurtenant thereto;
(lxxxvii) ‘Right of Way’ means area under any highway , street , lane , pathway, alley,
stairway , passage way , carriage way , footway square, bridge, whether a thorough
fare or not, place on which the public have a right of passage access or have passed
and had access uninterruptedly for a specified period or whether existing or proposed
in any scheme , and includes all bunds, channels, ditches , storm water drains,
culverts , side walks, traffic islands, road side trees and hedges, retaining walls
,fences , barriers and railings within the street lines;
(lxxxviii) ‘Road/street width ‘ means distance between boundaries of the road measured at right
angles to the course of the road.
(lxxxix) ‘special areas’ shall mean the areas shown as such on the zoning plans in which
Architectural Control Sheets shall apply;
(xc) ‘storey’ shall mean any horizontal division of a building so constructed as to be
capable of use as living unit;
(xci) ‘Living’ apartment, although such horizontal division may not extend over the whole
depth or width of the building, but shall not include mezzanine floor;
(xcii) ‘street’ shall mean any road, footway, square court, alley or passage accessible whether
permanently or temporarily to the public and whether a thoroughfare or not and shall
include every vacant space, notwithstanding that it may be private property and partly
or wholly obstructed by any gate, post, chain or other barrier whether of houses,
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shops or other building abutting thereon, which is used by any person as means of
access to or from any public place or thoroughfare, whether such persons be
occupiers of such buildings or not, but shall not include any part of such space which
the occupier of any such building has a right at all hours to prevent all other persons
from using as aforesaid; and it shall include also the drains or gutters therein, or on
either side and the land, whether covered or not by any pavement, verandah of other
erection, up to the boundary of any abutting property not accessible to the public;
(xciii) ‘set back’ means a line usually parallel to the plot boundaries and laid down in each
case by the Municipal Corporation beyond which nothing can be constructed towards
the plot boundaries and laid down in each case by the Commissioner or any other
officer authorized by him beyond which nothing can be constructed towards the plot
boundaries unless specifically allowed by Commissioner or any other officer
authorized by him;
(xciv) ‘subsoil drain’ shall mean a drain used or constructed to be used solely for conveying to
any sewer ( either directly or through another drain ) any water that may percolate ,
through the subsoil;
(xcv) ‘section’ means the section of the Act;
(xcvi) ‘sector’ means any part of the controlled area indicated as such in the Development
Plan;
(xcvii) ‘site’ means a parcel of land enclosed by definite boundaries;
(xcviii) ‘structural walls ‘ means a load bearing wall or wall that carries load in addition to its
own load;
(xcix) ‘temporary building’ shall mean a building built of unburnt bricks, burnt bricks
without water , corrugated iron, bamboo, thatch, wood boarding or plywood but shall
not include a building built of burnt bricks, cement blocks or stones laid in mortar;
(c) ‘topmost storey’ shall mean the upper most storey in a building whether constructed
wholly or partly in the roof or not and whether used or constructed or adopted for
human habitation or not , but shall not include a barsati or mumti;
(ci) ‘table’ means a table annexed to these regulation;
(cii) ‘unbuilt area’ is an area within the local limits of a municipal area which is declared
as such at special meeting of the corporation by the resolution confirmed by the
Govt., or which is notified as such by the Govt.
(ciii) ‘urban area’ means any area of land within the limits of municipal corporation or
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situated within 5 kilometers of the limits thereof.
(civ) ‘urbanisable area’ means the area earmarked for any of the following uses in the
development plan
a. Residential;
b. Commercial;
c. Industrial/Information Technology
d. Institutional;
e. Green Area /Recreational Area/Open space;
f. Transportation; and
g. Special use.
(cv) ‘verandah’ shall mean a verandah of which a minimum of 50 per cent of the
outside face is open;
(cvi). ‘warehouse ‘ means building the whole or substantial part of which is used or
intended to be used for the storage of goods whether for keeping or for sale or
for similar purpose, but does not include a store room attached to and used for
the proper functioning of a shop;
(cvii). ‘water-borne latrine’ means a latrine cleaned by a water carriage system;
(cviii) ‘ zoning plan’ means the detailed layout plan of the sector or municipal area of a
part thereof maintained in the office of the Municipal Corporation showing the
sub-division of plots, open spaces, streets, position of protected trees and other
features and in respect of each plot , permitted land use , building lines and
restrictions with regard to the use and development of each plot in addition to
those laid down in the building rules.
Note: The words and expressions used but not defined in these rules and defined in the
Act, shall have the meanings assigned to them in the act, National Building Code,
Indian Standard Code as amended from time to time. In case of any contradiction,
the provisions of the act shall prevail.
PART-II
PREPERATION AND PUBLICATION OF
CORPORATION AREA PLANS
3. Identification of areas to be declared as controlled areas [Section 346 (1)]: The
commissioner shall identify the areas with in the corporation limits which have either urbanized
16
or have potential for urbanization for the purpose of their planned development.
4. Preparation of Controlled area plans [Section 346 (1)]: The commissioner shall get
the arial photograph of the area incorporating the Geographical Information System (GIS) in
order to prepare the existing land use plan of such area incorporating the various physical
features like revenue boundaries, existing roads, rails, canals, nallas and the existing buildings
along with their existing use.
5. Preparation of schedule of boundaries of controlled area [Section 346 (1)]: The
commissioner shall prepare the schedule of boundaries of such area which is to be declared as a
controlled area for the purpose of identifying the such controlled area at site.
6. Publication of the controlled area plan [Section 346 (1)]:
i.) The Commissioner shall notify and get published in the Haryana Corporation
Gazette, the above said controlled area plans along with their schedule of
boundaries, with the pervious approval of the State Govt.
ii.) The commissioner shall with in a period of 15 days of the notification of the
controlled area, get the said notification published in at least in two
newspapers printed in Hindi and English, including the local daily
newspapers if any.
iii.) The commissioner shall get the boundaries of such controlled area identified
at site through notice board on the main roads and important locations.
iv.) The commissioner shall display the copy of the said notification containing
plan and schedule of boundaries in the office of Deputy commissioner,
Municipal Corporation, and the Tehsil office.
PART-III
PREPARATION OF DEVELOPMENT PLANS
7. Contents of Plan of Controlled Area [Section –346 (2) and (3)] – Plan of a controlled area
prepared under Sub-Section (2) & (3) of Section 346 shall be based on / consist of:-
(i) The commissioner shall get studied through GIS the following
(a) Topographical features of the area
(b) Availability of water table and the quality of water.
(c) Identification of flood prone/ water logged areas.
(d) Availability of minerals and local building material
(e) Availability of power
(f) Availability of river, lake, canal for the purpose of water supply
(g) The past trends of population growth of the area,
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(h) The demographic profile of the area
(i) Socio-Economic profile of the population
(j) Occupation structure
(k) Literacy structure
(l) Economic growth and future projection trend of the area
(m) Transportation pattern
(n) Environmental constraints
(o) The presence of any prohibited area by Ministry of Defence,
Environment and Pollution Control Board, protected/ reserve forest,
any area prohibited for urbanization through the order of court etc.
(p) Prepare a map showing existing land use including existing
buildings;
(ii) The commissioner shall workout the projection period upto which the
proposed development plan is to be envisaged:
(iii) The commissioner shall project the demographic profile and the requirements
of the future urbanization pattern for the above envisaged period for the
purpose of preparation of proposed draft development plan.
(iv) The commissioner shall workout the extent of different land uses based on
future projected population and town planning norms for urban development
(v) Based on the existing land use plan prepared under section 346-(1) and
projected extent of different land uses, the commissioner shall get prepared
the following maps :
(a) areas reserved for major land uses such as residential, industrial,
commercial , institutional, recreational, open spaces and
warehousing, etc;
(b) areas reserved for public and community amenities, such as civic
centers and educational, recreational and social institutions and
major open spaces;
(c) main lines of roads, railways, airports and areas reserved for major
public utility services, such as treatment of water supply, disposal of
drainage and electricity and gas installations;
(d) lands reserved for major green belts;
(e) special areas of aesthetic, sentimental or historic value which require
protection;
(f) lands liable to flooding or subsidence; and
(g) stages, in which areas reserved for major land uses and the sectors
will be permitted to be developed having regard to compact and
economical development.
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Explanation:- This map may show the above reservations required for the
controlled area as a whole and may not show the above reservations within a
sector for which a sector plan shall be prepared , as and when required;
(vi) A note explaining the proposals illustrated on the map; and
(vii) Zoning regulations containing:-
(a) types of buildings and ancillary and allied uses which may be
permitted within a major land use referred to in clause(v) (a) above;
and
(b) any special or general restrictions applicable to a specific part or
parts of the corporation area.
(c) any special or general restrictions applicable to a specific part or
parts of the controlled area.
(viii) The Commissioner shall prepare a report mentioning the time schedule for
acquisition, development and sale of sites of different areas of development
plan, involvement of various development agencies of the State
Government / private sector/ joint venture for implementation of development
plan in a scheduled phased manner to achieve the desired urbanization in
accordance with the provisions of the development plan.
(ix) For the purpose of eco-friendly urbanization in the proposed urbanizable area
as shown in the development plan, the following measures shall be given due
considerations for implementation of plan.
(a) Regularization of the unauthorized colony and unauthorized
construction in the proposed urbanizable area .
(b) Shifting of dairies, piggeries, poultry farms and the stray cattle and
monkeys out side the proposed urbanizable area.
(c) Solid waste management and its disposal from the urbanizable area
to outer skirts.
(d) Improvement/ eradication of the existing slum areas.
(e) Road side plantation scheme, development and maintenance of
parks and open spaces, linking of growing of plants and trees with
the building construction mandatory to encourage more and more
development of greenery with every new building construction.
(f) For marking the parking spaces for bus, trucks, tempos, motor cars,
and two wheelers, three wheelers at various location in the existing
town as well as in the proposed urbanizable area.
(g) To create defined spaces for bus que shelters, taxi stands, auto
rickshaw stands and cycle rickshaw stand.
(h) Construction of Raien Baseras for inmigrating labour population for
curbing growth of jhuggies in the existing/ proposed urbanizable
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area.
(i) Enforcement of construction of buildings including steps and ramps
with in the plot boundary, without any projection/ construction/
development on public road or open spaces.
(j) Organization and creation of various specialized markets e.g.
automobile market, transport, booking agencies, building material
market, hardware market, building stone market, fruit and vegetable
market, meat market, grain market at the proper location in the
development plan
.
8. Approval of Draft Development plan [Section 346 (4)]: The above map, its note and its
zoning regulations prepared under sub section (1) of section 346 shall be got approved under
sub section ( 4 ) of section 346 in a District Level Committee and then in State Level
Committee as constituted by the Government before its publication for inviting objections,
within a period of 6 months from the date of declaration of controlled area under sub section
(1) of section 346 or with in such further period as the Government may allow.
9. Publications of Draft Development Plan for inviting objections (Section
346(5)-- The development plan shall be notified by Commissioner, Municipal Corporation
under sub-section (5) of section 346 for inviting objections/ suggestions from the general public
/ local authorities with regard to the proposals of draft development plan, within a period of 30 .
days from the date of notification published in the Govt. Gazettee. The objections so received by
the Commissioner in writing within 30 days will be considered and decided by the
Commissioner, Municipal Corporation under Sub Section( 6) of Section 346, before forwarding
them with his recommendation to the Government for consideration / approval, within a period
of sixty days from the aforesaid date.
10. Publication of final development plans{(Sections 346 (7)}-The development
plan as approved by the Government shall be published in the official gazette under sub-section
(7) of Section 346 in addition to its publication in the official gazette apart from its public notice
in National Daily newspaper and a local newspaper as well as by displaying a copy thereof at
the notice board available in office of the …
(i) Director, Urban Local Bodies Department, Haryana.
(ii) Commissioner Municipal Corporation having jurisdiction in the
controlled area;
(iii) Deputy Commissioner of the district in which the controlled area is
situated; and
(iv) Sub Divisional Magistrate in whose jurisdiction the controlled area is
situated
11. Detailing of Development Plan ( Sub-Section (8) of Section 346 )
20
After the publication of final development plan under section 346 (7) , theCommissioner shall
transfer the proposals of development plan on revenue plans of the area so as to finalize the
alignment of master plan roads, master services, boundaries of the sectors, location of town
level infrastructural services and facilities for the purpose of implementing the proposals of the
development plan as required under section 346(8).
12. Implementation Schedule of Development Plan (Sub-Section (8) of Section
346 ) The Commissioner shall prepare a project report for implementation schedule of the
Development Plan, its financial planning, the phasing of development proposals and the role of
various development agencies and local authorities for implementation of Development Plan
proposals in a time schedule, within a period of six months from the date of publication of Final
Development Plan and submit this project report for approval to the Corporation, who will
ensure involvement of various agencies for timely implementation of Development Plan
proposals.
PART IV
DEVELOPMENT OF COLONIES WITHIN
MUNICIPAL CORPORATION LIMITS
13. Development of Colonies [Sections 265, 230, 231 & 392(D)] - The development of
colonies in Municipal Corporation Limits shall be governed in accordance with the
Policy approved by the Urban Local Bodies Department, Haryana and as amended
from time to time.
14. Application for Permission under Section 230, 231 ,265(1) and 348 in case of
developer :--
(1) Every developer intending to change the existing use of the land in Municipal
Corporation area for the purpose of setting up a colony by sub dividing and
developing the said land into building plots for residential, industrial, commercial
or other purpose shall make an application in writing to the Commissioner in
Form CL-1, accompanied by the following plans and documents in triplicate:-
(i) Copy or copies of all title deeds or other documents showing the
interest of the developer in the land under the proposed colony along
21
with lists of such deeds and other documents.
(ii) A copy of the Shajra plan showing the location of the colony along with
the name of the revenue estate, khasra numbers and area of each field
alongwith certified copies of jamabandi since 1970 onwards.
(iii) A guide map on a scale of not less than 1” to a 1/6th mile showing the
location of the colony in relation to surrounding geographical features to
enable the identification of the land.
(iv) A survey plan of the land under the colony on a scale of 1” to 100’
showing the spot levels at a distance of 100 feet and where necessary
contour plan. The survey will also show the boundaries and dimensions of
the said land, the location of streets, buildings and premises within a
distance of at least 100 feet of the said land and existing means of access
to it from existing public road/rasta.
(v) Layout plan of the colony on a scale of 1” to 100’ showing the existing
and proposed means of access to the colony, the width of streets, sizes and
types of plots, sites reserved for open spaces, community buildings ,
schools etc.with area under each and proposed building lines on the front
and sides of plots.
(vi) An explanatory note explaining the salient features of the proposed
colony, in particular the sources of water supply, arrangement for disposal
and treatment of storm and sullage water and sites for disposal and
treatment of storm and sullage water;
(vii) Plans showing the cross-sections of the proposed roads showing width of
the proposed carriageways in particular, cycle tracks and footpaths green
verges, position of electric poles and any other works connected with
such roads;
(viii) Plans as required under clause (vii) indicating, in addition, the position of
sewers, storm water channels, water supply and any other public health
services;
(ix) Detailed specifications and designs of road works under clause (vii) above
and estimated cost thereof;
(x) Detailed specifications and design of sewerage, storm water and water
supply schemes with estimated costs of each;
(xi) Detailed specifications and designs for disposal and treatment of storm
and sullage water and estimated costs of works;
(xii) Scrutiny fee @ Rs.10/- per sq. meter of total area;
(xiii) Licence fee as per policy / as per notification issued by Urban Local
Bodies Department, Haryana and as amended from time to time.
(2) The triplicate plans mentioned in sub-rule(1) shall be clear and legible azo
prints, with one set mounted on cloth.
22
(3) Where a developer , before submitting an application under sub-rule(1) wants to
ascertain if the proposed change in the use of land in the Municipal Corporation
area for the purpose of setting up a colony, is in conformity with the
development plan and the lay-out of the sector plans, and that such land
provides for satisfactory arrangements for disposal and treatment of sewage and
storm water and does not conflict with any programme of acquisition of land
and its development to be undertaken by the Commissioner, he may submit to
the Commissioner a preliminary application giving information only in respect
of clause (ii), (iii),(iv), (v) and (vi) of sub-rule(1). On receipt of the preliminary
application, the Commissioner shall after making such enquiry as he considers
necessary, intimate to the applicant the information on the above points.
15. Percentage of area under roads and open spaces in the lay-out plans
[Section 230, 231 and Sub Section ‘ D’ of Section 392]--- In the layout plan of the
colony, the land reserved for roads, open spaces, schools, public and community
buildings and other common uses shall not be less than forty-five per centum of the gross
area of the land under the colony; provided that the Commissioner may reduce this
percentage to a figure not below thirty five where in his opinion the planning
requirements and the size of the colony so justify.
16. Development works to be provided in the colony. [Section 230, 231, 265 and Sub
Section ‘D’ of Section 392]--- The designs and specification of the development works
to be provided in a colony shall include…
(i) metalling of roads and paving of footpaths;
(ii) turfing and plantation with trees of open spaces;
(iii) street lighting;
(iv) adequate and wholesome water-supply;
(v) sewers and drains both for storm and sullage water and necessary provision
for their treatment and disposal; and
(vi) any other works that the Commissioner may think necessary in the interest of
proper development of the colony.
17. Conformity of layout plans with the Development Plan [Section 230, 231and Sub
Section D of Section 392]The plans and documents mentioned in rule 14 to be submitted
along with the application shall conform to the provisions, restrictions and conditions laid
in the Development Plan.
18. Preparation of layout plan on payment of fees [Section 230, 231, 265 and Sub
Section ‘ D’ of Section 392]--- A developer intending to make an application under rule
23
14 may request that any or all the plans and documents referred to in clauses (iv) to (xiii)
of sub rule (1) of rule 14 may be got prepared for him by the Commissioner on payment
of such fees as may be assessed by the Commissioner.
19. Information necessary to validate application under rule 14 [Section 230, 231,
265and Sub Section D of Section 392]--- No application under rule 14 shall be
considered to be valid until plans and documents required by sub-rule (1) of that rule
have been furnished to the satisfaction of the Commissioner . In case of failure of such
compliance, the application together with the plans and documents shall be returned to
the developer for resubmission in accordance with the rules.
20. Rejection of application (Sections 349 and 392(D).—On receipt of an application under
rule 14, the Commissioner shall, after making such inquiry, as he considers necessary
and after giving reasonable opportunity of being heard to the applicant by an order in
writing refuse to grant permission, if…
a. it does not conform to the requirements of rules 15,16 and 17;
b. he is satisfied that the plans and designs of the development works submitted with
application are not technically sound and workable; or
c. he is satisfied that the estimated expenditure on water-supply mains or external
and outfall sewers at the stage of the development of that part of the Municipal
Corporation area is incommensurate with the size of the colony.
21. Applicant to be called upon to fulfill certain conditions (Sections 230, 231, 348 and
392(D):—(1) If, after scrutiny of the plans and other necessary enquiry which the
Commissioner may deem fit, he is satisfied that the application is fit for the grant of
permission, he shall, before granting permission, call upon the developer to fulfill the
conditions laid down in rule 22 within a period of thirty days from the date of notice
given to him under a registered cover.
(2) If the developer fails to fulfill these conditions within the period specified
in sub-rule (1), the permission shall be refused.
22. Conditions required to be to fulfilled by developer (Sections 230, 231,348 and
392(D):- The developer shall furnish to the Commissioner a bank guarantee equal to 25
per centum of the estimated cost of the development of any one or more of the works
as mentioned in rule 28, which the developer wishes to undertake first, as certified by the
Commissioner and he shall enter into agreement in Form CL-II for carrying out and
completion of development works in accordance with the permission finally granted ,
provided that the developer shall undertake any such development work only after the
permission for such a work, has been given by the Commissioner after the developer has
furnished a bank guarantee equal to twenty five per centum of the estimated cost of said
24
development work/works.
(a). undertake to pay proportionate external development charges as and when required
and as determined by the Commissioner in respect of laying out and construction
of main lines of roads, drainage, sewerage, water-supply and electricity, if any
when so laid by the Commissioner/Government or any other local authority;
(b) undertake to be responsible for the maintenance and upkeep of all roads, open
spaces, public parks , community buildings and public health services for a period
of five years from the date of issue of the completion certificate under rule 25
unless earlier relieved of this responsibility by the Municipal Corporation and there
upon to transfer all such roads, open spaces, public parks , community buildings
and public health services free of costs to the Corporation.
(c) under take to construct at this own cost or get constructed by any other institution
or individual at its own cost, schools, hospitals, community centers and other
community buildings on the land set apart for this purpose or undertake to transfer
to the Corporation at any time it may desire free of costs the land set apart for
schools, hospitals, community centers and community buildings, in which case the
Corporation shall be at liberty to transfer such land to any person or institution
including a local authority on such terms and conditions as it may deem fit, and
(d) undertake to permit the Commissioner or any other officer authorized by him in
this behalf to inspect the execution of the layout and the development works in the
colony and to carry out all directions issued by him for ensuring due compliance of
the execution of the layout and development works in accordance with the
permission granted.
(e) undertake to pay infrastructure development charges on the rates approved by the
Urban Local Bodies Deptt. Haryana or as adopted by the Commissioner on the
pattern of the Deptt. of Town & Country Planning Haryana / HUDA, whichever is
higher.
23. Grant of permission and form of order of grant or refusal to grant permission.
(Sections 230, 231, 349 and 392(D):- …
(1) After the developer has fulfilled all the conditions laid down in rule 22 to
the satisfaction of the Commissioner , the Commissioner shall grant the
permission under sub-section (2) (a) of Section 349.
(2) Every order passed under sub-section(2) of section 349 on an application
submitted under rule 14 shall be in form CL-III.
24. Duration of Sanction. (Sections 230, 231, 349 and 392(D):-
(1) The permission granted under rule 23 shall remain valid for a period of three
years from the date of order during which period all works in connection with
the laying out and development of colony shall be completed and a completion
25
certificate is obtained from the Commissioner as provided in rule 25.
Provided that permission may be renewed on yearly basis for subsequent years on
payment of 1/10th amount of licence fee per year, if the Commissioner is satisfied
that the delay in execution of layout and development works was for reasons beyond
the control of the developer;
Provided further that if the permission granted under rule 21 is based on the
developer’s furnishing guarantee for one development work, or more than one
development work separately, the permission granted for said work or works shall
remain valid for a period of one year from the date of order, during which period such
work/works shall be completed and a certificate to that effect shall be obtained from
the Commissioner.
(2) The developer shall commence the laying out of the colony and development
works within three months of the issue of order under sub-rule (1) of rule 25.
25. Completion certificate (Sections 230, 231, 349 and 392(D):-
(1) After the colony has been laid out according to the approved layout plans and
development works have been executed according to the designs and specifications as
approved in the order granting permission, the developer shall make an application to
the Commissioner in Form CL-IV.
(2) After such scrutiny, as may be necessary, the Commissioner may issue a completion
certificate in Form CL-V or refuse to issue such certificate stating the reasons for
such refusal.
26. Transfer of sanction (Sections 230, 231,351 and 392(D):- The developer shall not be
entitled to transfer the permission granted to him under sub-rule (1) of rule 23 to any
other person without the prior permission in writing from the Commissioner.
27. Revocation of permission (Sections 230, 231, 349 and 392(D):-
(1) If the Commissioner determines at any time that the execution of the layout plans
and the construction or other works is not proceeding according to the permission
granted under sub-rule (1) of rule 23 or is below specification or is in violation of
any provisions of these rules or of any law or rules for the time being in force, he
shall by a notice in Form CL-VI call upon the developer, to whom permission
was granted, requiring him to remove the various defects within the time specified
in the notice.
(2) If the developer fail to comply with the requirements detailed in the notice issued
under sub-rule (1), the Commissioner shall issue him a further notice in form CL-
VII to afford him an opportunity to show cause why the permission granted
should not be revoked.
(3) After hearing the developer and considering such representation as he may make,
26
the Commissioner may either revoke the permission or maygrant him further
time for complying with the requirements of the notice issued under sub rule (1).
If, however, the developer does not comply with the said requirements within
such extended period the Commissioner shall revoke the permission.
(4) On the revocation of the permission no further works shall be undertaken or
carried out by the developer unless fresh permission has been obtained.
(5) After revocation of the permission, the Commissioner may himself carry out or
cause to be carried out the development works in the colony and recover such
charges as he may incur on the said development works from the earnest money
deposited by the developer and the bank guarantee furnished by him under rule 20
or Commissioner may allow the plot holders association ( Regd.) to carry out
deficient development works in the colony at their own expenses , in accordance
with the layout, design, specifications design and levels so approved by the
Commissioner. On completion of development works by the association,
Commissioner may transfer the amount of earnest money and bank guarantee so
deposited by the developer at the time of permission, to the plot holders
Association ( Regd.) for maintenance of services in the colony.
28. Release of Bank Guarantee (Sections 230, 231, 349 and 392(D):- After the layout and
development works or part thereof in respect of the colony have been completed and a
completion certificate in respect thereof has been issued, the Commissioner may, on an
application in this behalf from the developer, release within a period of six months of the
date of the application, the bank guarantee or part thereof, as the case may be, after
adjusting the expenditure, if any, incurred as provided under rule 27 (5): provided that if
the completion of the colony is taken in parts only the part of the bank guarantee
corresponding to the part of the colony completed shall be released: and provided further
that always 1/5th bank guarantee shall be kept unreleased to ensure upkeep and
maintenance of the colony or the part thereof, as the case may be, for a period of 5 years
from the date of issue of the completion certificate under rule 25 or earlier till such time
as the developer is relieved of the responsibilities in this behalf by the Commissioner.
PART V
CHANGE OF LAND USE IN
MUNICIPAL CORPORATION AREA
29. Application for permission under Section 265 (1), 348 and 349 in case of a person
27
other than developer.—Every person other than developer intending to change the
existing use of the land/building in a Municipal Corporation area for the purpose of
developing the said land/ building for residential, industrial, commercial multiplexes or
other purposes shall make an application in writing to the Commissioner in Form CLU-1,
accompanied by.-
(1) A survey plan of the land/ building on a minimum scale of 1:500 showing the
existing means of access to the land from the nearest public road , building and
physical features falling within 100 meters of the said land on its four sides; and
(2) A certified copy of the deed showing the title of the applicant to the said land.
(3) Scrutiny fee @ Rs.10/- per Sq. meter of plot area , in form of demand draft in
favour of Commissioner , Municipal Corporation.
(4) A copy of project report alongwith means of available/proposed finances for
implementation of project.
(5) A photograph showing the complete details of site.
(6) The site plan along with guide map and building plans of the existing building if any.
(7) The building plans of the existing buildings if any.
(8) No dues certificate regarding payment of any kind of Tax, fee, charges, cess etc.
30. Information necessary to validate application under rule 29 [Section 265 (1), 348
and 349]:- Application under rule 29 shall not be considered to be valid until a plan and
a copy of the deed alongwith prescribed scrutiny fee required under rule 29 have been
furnished to the satisfaction of the Commissioner . In case of failure of such compliance,
the application together with the plan and copy of the deed shall be returned to the
applicant for resubmission in accordance with these rules.
31. Applicant to be called upon to fulfill certain conditions [Section 265 (1), 348 and
349]:-
(1) if, after scrutiny of the plan and other necessary enquiry which the Commissioner
may deem fit, he is satisfied that the application is fit for the grant of permission
he shall, before granting permissions, call upon the applicant to fulfill the
conditions laid down in rule 32 within a period of thirty days from the date of
notice given to him under a registered cover.
(2) If the applicant fails to fulfill these conditions within the period specified in sub-
rule (1), the permission shall be refused.
32. Conditions required to be fulfilled by the applicant [Section 265 (1), 348 and 349]:-
The applicant shall.—
(a) furnish to the Commissioner a bank guarantee of the [amount equal to
twenty five percent] of proportionate estimated cost of the development
works as certified by the Commissioner and enter into an agreement in
Form CLU-II for fulfilling the conditions contained therein in accordance
28
with the permission finally granted.
(b) Undertake to pay proportionate external development charges which shall
be a first charge on the said land as and when required and as determined
by the Commissioner in respect of external development works which
may be carried out in the area/town for the benefit of the said land.
(c) Undertake to be responsible for making arrangement for the disposal of
affluent to the satisfaction of the Commissioner
(d) Undertake to get the building plans approved from the Commissioner
before commencing any construction on the said land.
(e) Undertake to obtain occupation certificate for the building so constructed
from commissioner before occupying the same.
(f) Undertake not to sell the said land /building, unless the said land/ building
has been put to the use permitted by the Commissioner, after obtaining its
occupation certificate, no dues certificate and no objection certificate from
the Commissioner, otherwise to use the said land/building only for the
purposes permitted by the Commissioner for his own use.
(g) Undertake to start construction on the said land within a period of six
months and complete the construction within a period of two years from
the date of issue of order permitting the change of land use:
Provided that where the existing use of the land in a Corporation area is to be changed
for the; purpose of developing the said land into buildings for industrial/ information
technology purposes, no bank guarantee referred to in rule 32 (a) shall be required to be
furnished and in such a case paragraph 3 of the agreement in Form CLU-II shall not
apply.
33. Grant of permission and form of order for grant or refusal of permission
[Section 349]:- (1) If the applicant has fulfilled all the conditions laid down in rule 32
to the satisfaction of the Commissioner , the Commissioner shall grant the permission.
(2) Every order passed under sub-section (2) of section 349 on an
application submitted under rule 29 shall be in form CLU-III.
34. Duration of sanction [Section 349]:-The permission granted under rule 33 shall remain
valid for a period of two years from the date of order during which period all works for
putting the said land to the permitted use shall be completed by the owner.
Provided that the permission may be renewed for a further period of one year or more if
the Commissioner is satisfied that the delay in execution of works was for reasons
beyond the control of the applicant.
Provided further that in case of buildings, whose validity period of sanctioned building
plans is 5 years, the permission granted under rule – 33 may be renewed upto further
period of one year at a time, uptill the validity period of sanctioned building plans.
Provided further that where the applicant has constructed more than 25% of the
29
permissible ground coverage at ground floor and put the building in the permitted use
after obtaining occupation certificate, no renewal of permission granted under rule 33 is
required.
PART - VI
LAYING OUT MEANS OF ACCESS TO A ROAD
WITHIN MUNICIPAL CORPORATION AREA
35. Application for permission under section 348 for laying out means of access to a
road in municipal corporation area .—
(1) Every person requiring permission of the Commissioner for laying out means of the
access to a road within municipal corporation area shall submit an application in
Form AC-I.
(2) The site plan mentioned in Form AC-I shall be drawn to a scale of not less
than 1:500 and indicate:-
(3) The name of the road to which access is desired indicating the number of
K.M. stone, and
(4) The details of the proposed junction.
(5) The cross-section of the access shall be drawn to a scale 1:100 and shall
show all elements constituting the road e.g. the metalled portion, central
verge if any, footpaths, position of electric poles, green verges, tree
plantation, sewer line, water supply line, storm water line/ open drain, etc.
(6) Road connection fees in form of a bank draft payable at a local scheduled
bank in favour of Commissioner @ Rs. 10,000 for 9.0 mt wide right of way
of road and additional Rs. 5000 for every additional one meter width of right
of way of the road.
36. Restriction governing the grant of permission for laying out means of access in
corporation area Limits. [Section 348).- No permission for application made under
rule 35 shall be granted, unless-
(a) the proposed means of access are in conformity with the provisions of the
development plan / colony lay out plan and
(b) the applicant undertakes to construct the proposed access in the manner
specified in the order granting permission.
(c) the services proposed in the road cross section are in accordance with the
specifications, design and levels of the adjoining area.
37. Information necessary to validate application under rule 35:- No application under
rule 35 shall be considered to be valid unless it is made on the prescribed form and is
30
accompanied by the requisite number of plan, the requisite road connection fee and
documents required to be furnished along with the application. In case of failure of such
compliance, the application together with the plans and documents shall be returned to
the applicant for re-submission in accordance with the rules.
38. Form in which Order under Section 348 is to be passed :.-After an application on the
prescribed form containing the requisite information and accompanied by necessary fee
and documents as mentioned in rule 35 is received, the Commissioner shall, after
making such enquiry as he considers necessary, pass an order under sub-section (2) of
section 349 in Form AC-II.
39. Duration of permission [Section 348].-Every permission granted under rule 38 shall
remain in force for a period of one year and if the means of access are not laid out within
the aforesaid period according to the conditions attached with the order granting
permission, the permission shall be deemed to have lapsed and in that case fresh
permission will be necessary.
PART - VII
LICENSING OF KILNS / STONE CRUSHERS WITHIN
MUNICIPAL CORPORATION AREA
40. Application for licence under section 348 for setting up a Kiln / Stone Crusher :-
Any person intending to use land within the corporation area under the control of
Municipal Corporation for purpose of a charcoal-kiln, pottery-kiln, lime kiln, or for stone
crusher, quarrying stone, bajri, surkhi, kankar or for other similar extractive and ancillary
operation shall make an application in writing to the Commissioner in Form LK-I
accompanied by the following plans and documents in triplicate:-
(i) A guide map on a scale of not less than 1:10,000 showing the location of the
site in relation to the main geographical features to enable its identification,
and
(ii) A site plan on a scale of not less than 1:500 showing thereon.
(a) the boundaries of the site proposed to be used for the aforesaid
purpose;
(b) The portion of the site which is to be excavated;
(c) Portion of the site in which kiln / stone crusher or machinery is to be
31
installed; and
(d) Cross section through the portion of the site proposed for excavation
showing existing levels and the average levels to which it is to be
excavated.
(iii) Licence /renewal fees in form of a Bank Draft payable at any local
scheduled bank in favour of Commissioner amounting Rs.10000/- per
year.
(iv) No Dues Certificate for payment of fee, development charges, cess etc.
(v) NOC from Haryana Pollution Control Board.
41. Information necessary to validate application under rule 40 - No application under
rule 40 shall be considered to be valid unless it is made on the prescribed form and
accompanied by the requisite number of plans, licence/renewal fees and documents
required to be furnished along with the application. In case of failure of such compliance,
the application together with the plans and documents shall be returned to the applicant
for resubmission in accordance with the rules.
42. Restrictions governing the grant of licences [Sections 349].- No licence under rule 39
shall be granted unless.-
(a) the land is situated within an area indicated for the purpose for which the license is
sought in the development plan;
(b) proposed excavation does not exceed the maximum depth of five feet; and
(c) no permanent buildings are proposed to be constructed on the land in the case of
brick-kiln,
the location of the site fulfills the prescribed distances as notified by Food and
Supplies Department, Haryana Govt. from time to time.
43. Form in which license under Section 349 is to be given :- After an application on the
prescribed form containing the requisite information and accompanied by necessary
documents as mentioned in rule 40 is received the Commissioner shall, after making
such inquiry as he considers necessary; grant a license in Form LK-II or refuse to grant
the same.
44. Duration of license [Section 349]:—Every license issued under rule 43 shall remain valid
for three calendar years or a part there of as the case may be, and will be renewable before
expiry of licence.
Provided that if at any time or at the time of the renewal, any extension of land for the
required purpose is necessary, the applicant shall make a fresh application for the same as
required under rule 40.
Provided further that no fresh license shall be necessary in case of extension and necessary
32
amendment shall be made in the license already issued.
45. Fees for license [Section 349].—Fees for every issue or renewal of a license under rule
43 shall be Rs.10000/- for one year or part thereof. In case the applicant operates the
brick kiln / stone crusher after the expiry date of licence , penalty @ Rs.100/ per day
shall be payable. In addition to the above penalty the applicant shall also pay the licence/
renewal fee as mentioned above. Further in case of excavation of land in Corporation
area without valid licence a composition fees @ Rs.10/- per cubic meter shall also be
payable before renewal of licence.
PART –VIII
Building Regulations
Procedure for Submission of Building Plan Application and
Execution of Works
Procedure for submission of building application and execution of work shall be as per
provisions contained in sub part - A of these regulations: However in case the applicant wants to
go for self-certification then procedure as provided in sub part - B shall be followed.
SUB PART- A
46. Application for erection or re-erection of building [Sections 251,252, 347 and 392
(D)]:-
(1) Any person excepting those, as mentioned in rule 49, intending to erect or re-
erect any building shall make an application in writing to the Commissioner in form
BR-I accompanied by the following certified documents , duly signed by the owner
and the registered architect / chartered engineer ;
33
(a) Proof of ownership and possession of land;
(b) Key plan showing location of site with reference to the colony plan;
(c) A site plan as required under the rules.;
(d) A building plan or plans as required under the rules;
(e) Details of specifications of the work to be executed in form BR-III;
(f) Additional information in form BR-II ;
(g) Certificates in forms BR-IV, BR-V and BR-VI;
(h) No objection certificate from the immediate neighbours regarding sharing
of cost of party wall or proportionate cost of the portion already built and
in case of disputes , proof of payment of proportionate cost as assessed by
the officer so authorised by the commissioner.
(i) No pending charges/fee/tax dues certificate from the Municipal
Corporation.
(j) The colouring of the plans(site plan and building plans) shall be as per
Schedule-I appended to these rules.
(k) No objection certificate from the immediate neighbors for construction of
basement in case the neighbors have already constructed their building
without basement.
(l) Check list for building plans.
(2) Every person giving notice under sub-rule (1) shall appoint an architect/engineer for
drawing up of plans/ structural drawings and for the supervision of erection and
re-erection of the building. The supervision of erection or re-erection of residential or
commercial building upto three stroreys or 11.5 meter height may be undertaken by
the architect or the engineer. However, in case of buildings upto three storeys or 11.5
meter height but other than residential and commercial, the supervision shall be
undertaken both by the architect and the engineer who have enrolled / registered by
the Commissioner.
(3) The application, plans, structural drawings , specifications and the certificates shall be
signed by the applicant and the architect/ structural engineer as required in the
relevant forms and documents. In case where the supervising architect and engineer
are different from the one who has prepared the designs, the plan shall be signed by
both of them. The qualifications of architect and engineer shall be as given in
Schedule-II.
(4) Every building application shall be accompanied by scrutiny fee to be calculated @
Rs.10/- per Sq.meter for the proposed covered area (including area under basement
floor/floors), in the shape of a demand draft in favour of Commissioner, Municipal
Corporation ,drawn on any local scheduled bank.
In case the building application so rejected / returned, it may be re-submitted within
180 days from the date of such rejection / return without fresh scrutiny fees, such
resubmission, however may not be allowed more than two times.
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(5) A non refundable fee of Rs. 500/- for the plots upto 250 Sq.mts. and Rs.1000/- for
the plots of above 250 sq.mts., shall be deposited by the applicant along with the
building application for stacking building material/malba over the road berms of
adjacent public street for a period of two year or part thereof from the date of
commencement of work for which a notice shall be given by the applicant in form
BR-VIII. In case of occupation of public street beyond the period of two year, the
pattern of fee for every additional year or part thereof shall be as follows:-
(i) for the 3nd year Rs.1000
(ii) for the 4th year Rs.2000
(iii) for any subsequent year Rs.4000
47. Site plan [Sections 251, 252, 347 and 392 (D):—
(1) The site plan shall be drawn on a scale of not less than:-
(a) 1:200 for sites upto 1000 sq.meters;
(b) 1:400 for sites above 1000 sq.meters and under 4500 sq.meters; and
(c) 1:800 for sites of 4500 sq.meters and above.
(2) The site plan shall be prepared with sufficient accuracy to enable the site to be
identified and shall be submitted on distinct prints in quadruplicates , two of which
shall be mounted on cloth. One mounted copy shall be returned to the applicant.
Site plan shall be fully dimensioned and shall show-
i. the boundaries of the site;
ii. the direction of the North point;
iii. the street or roads adjoining the site with their width clearly
dimensioned and with names, if any, of all existing roadside trees,
lamp- posts, or other features or structures likely to affect the approach
to the buildings;
iv. surrounding buildings in outline up to a distance of 50metre from the
boundaries of the site;
v. buildings or structures on or over or under the site or projecting beyond
it in outline including proposed building to be shown distinctly;
vi. dimensions of open spaces at the rear, side or front;
vii. the area and proportion of the site to be covered by building;
viii.the levels of the site and of the plinth of the buildings in
relation to those of the neighbouring streets, also the levels of
all courtyards and open spaces in relation to the bed levels of
the existing drains and sewers in the street or streets into which
the building or site is to be drained and rain water harvesting
system for top roof rain water;
35
ix. method of disposal of waste water, sewage and storm water in
different colour as per Schedule-I.
x. Position of water supply
48. Building Plan [ Sections 251, 252, 347 and 392(D)] :- (1) The building plan or plans
shall be drawn on a scale not less than given below:-
(i) 1: 50 for plots upto 1000 sq. mt.
(ii) 1 : 100 for plots over 1000 sq. mt. but less than 2000 sq. meters.
(iii) 1 : 200 for plots/sites above 2000 sq. meters.
(2). The building plans shall be submitted on distinct prints in quadruplicates two of
which shall be mounted on cloth. One mounted copy shall be returned to the applicant
with the words “ Rejected” or “sanctioned ", as the case may be, written on it.
The submitted building plans shall show:-
(a) the plans of all the floors and all external elevations and cross sections illustrating
distinctly all the different level through stair case, W.C., bath, kitchen and garage;
(b) the plinth level of the building with reference to the level of the center of the
street or streets or existing ground level on which the proposed building is to be
constructed / abut;
(c) the schedule indicating the size of the doors, windows , openings and other methods
of ventilation of each room ;
(d) the means of access to the buildings and to its various floors as well as the means
of escape in case of fire if required under the rule;
(e) in the case of proposed additions and alterations to an existing building all new
works on the plan by an indelible distinctive colour and a key to the colours used
as specified in Schedule I;
(f) the method of disposal of waste water, sewage, storm water and water supply in
full detail.
(g) provision of rain water harvesting system as per rule 80.
(h) In case the building on adjoining plot is existing, for the purpose of making
basement a minimum distance of 1.8 meter shall be kept from the adjoining
building wall.
(i) no sewerage manhole, underground water tank , overhead water tank and rain
water harvesting well shall, be made along common building wall
Note.- In case of large buildings, various blocks of the building may be drawn on
separate sheets.
49. Type plans [ Section 251,252,347 and 392(D)].—In case the applicant wishes to
follow a type design of buildings approved by the Commissioner, he may obtain them for
his plot from the Commissioner on payment of prescribed charges. These building plans
along with relative site plan and other documents shall nevertheless be submitted as
36
required by these rules.
50. Information necessary to validate application[ Section 251, 252, 347and 392(D)]:-
No application under rule 46 shall be considered to be valid , unless it is made on the
prescribed form and is accompanied with the requisite number of plans and documents
along with scrutiny fee required to be furnished along with the application. In case of
failure of such compliance , the application together with plans and documents shall be
returned to the applicant for resubmission in accordance with the rules.
51. Constitution of Building Plan Advisory Committee[Section 251, 252, 347 and
392(D)]:- The Commissioner shall constitute a Building Plan Advisory Committee
mainly technical officers to scrutinize building plan applications and submission of
recommendations for sanction/refusal of such applications.
The Building Plan Advisory Committee shall :
(a) Meet at such periodical intervals as may be necessary, but not less than once
in every calendar month.
(b) Scrutinize every application for erection or re-erection of a building for which
notice has been received under rule 46. In respect of any building or
execution of any work , if such building or work, as the case may be, affects
or is likely to affect—
(i) the functioning of the microwave system for telecommunication
purposes, or
(ii) Any functions for the purpose of civil aviation.
(iii) Any defence installation and its prohibited surrounding area.
(iv) Any area under Environment Protection Act 1986.
(v) Any area prohibited by the Hon'ble Court for building activities.
(vi) The Building Plan Committee shall, if so considered necessary,
refer the matter to the concerned department of the central /State
Govt. or concerned authority for opinion before finalizing the
recommendation.
(c) The recommendations of the Building Plan Advisory Committee shall be
forwarded to the Commissioner, Municipal Corporation for consideration and
approval, with or without change.
Provided that the reasons for any deviation from the recommendations shall
be recorded in writing.
(d) The manner of conduct of business of the Building Plan Advisory
Committee and the procedure to be followed by it, shall be as
specified hereunder :-
The Building Plan Advisory Committee shall sanction or provisionally
sanction the erection of a building or the execution of the work within
37
Municipal Corporation area unless such building or work would be in
contravention of any of the provisions given above in this rule.
Provided that no such sanction shall be accorded without the prior approval of
the commissioner in the case of any building except a residential building
proposed to be erected or re-erected on a plot of land of 300 square meters or
less.
a. Provided further that the Commissioner shall consider the
recommendations of the Building Plan Advisory Committee relating to
the building or the work of any of the particular area comprised in the
site plan, ground plan, elevation, section, specifications, are not in
contravention of the provisions of Act or the rules or the regulations
made thereunder or of any other law for the time being in force or any
scheme sanctioned thereunder,
b. That the notice for sanction does not contain the particulars, or is not
prepared in the manner required under the rules or the regulations made
in this behalf under the Act.
c. That any information or document, required by the Building Plan
Advisory Committee under these regulations has not been duly furnished
by the applicant /owner.
d. That the building or the work proposed is an encroachment on the
Central/ State Govt. / Municipal Corporation Land.
e. That the site of the building or the work does not abut on a street or
projected on a street and that there is no access to such building or work
from any such pubic street by any passage or appertaining to such site.
52. Permission to erect or re-erect [ Section 254, 349 and 392(D)]—After an application
in the prescribed form containing the required informations and accompanied by
necessary documents as mentioned in rule 46 is received, the Commissioner shall, after
making such inquiry as he may considers necessary, pass an order under Section 254 and
under sub-section(2) of Section 349 in Form BR-VII( a) in the case of sanction and in
Form BR-VII (b) in the case of refusal/ rejection.
53. Validity of sanctioned plans [ Section 259, 349 and 392(D)] —
Every sanction for the erection or re-erection of any building which shall be given
or be deemed to have been given, shall remain in force for two years only from
the date of such sanction.
If a building is not completed within two years from the date of permission,
the permission will be deemed to have lapsed with respect to that portion of
the building which has not been completed. In regard to the incomplete
portion, a fresh application shall be submitted in accordance with rule 46. ?
38
Provided that multi-storeyed buildings ( more than four storeyed or fifteen meters
in height as the case may be) may be completed within five years of the date of
permission or as may be specified by the Commissioner, whichever is less.
54. Revalidation of Building Plans [Section 259, 349 and 392(D)]:- In case the
construction could not be started within two year or has been started and could not
be completed within the stipulated period due to reasons beyond the control of
the applicant, he/she may apply for the extension or revalidation of his plans
before the sanction has lapsed along with re-validation fee @ Rs 10/- per sq. mt.
for the proposed covered area requested for re-validation. The Commissioner
after making necessary inquiries and satisfying himself in all aspects of the case
may pass an order revalidating the plans for a period of one year.
55. Submission of Revised Building Plans during validity period of sanctioned
Plans[Section 349 and 392(D)] :- If during construction of a building any deviation of a
substantial nature from the sanctioned plan is intended to be made, sanction of the
Commissioner shall be obtained before the change is made. The revised plan showing
the deviations be submitted and the procedure laid down for the sanction of building
plans shall apply to all revised plans .If the revision involves less than 25 percent of the
sanctioned area fresh scrutiny fee of Rs.5/- per square meter of building area shall be
charged. If the revision involves more than 25 percent of the sanctioned area fresh
scrutiny fee calculated at the rate of Rs.10/- per square meter of the revised portion shall
be charged.
56. Revocation of sanction [Section 256, 349 and 392 (D)] :- The sanction granted under
rule 52 above can be revoked by the Commissioner if it is found that such sanction has
been obtained by the owner by misrepresentation of material facts or fraudulent statement
submitted in the building plan application or otherwise or the construction is not being
done according to the sanction granted or the provisions of the building rules, requisitions
made, conditions prescribed or orders thereunder or the occupancy is not in accordance
with the purpose of the sanctioned plan.
57. Submission of Plans by Govt. Departments [Section 251 ,252 ,349 and 392 (D)]:-
Regarding submission of plans by Govt. Deptt, the procedure shall be as follows:--
(a) All buildings whether designed by Govt. Deptt. or private Architects shall in all
respects conform to the building rules.
(b) The Central or State Govt. Deptt. shall designate an authority within its own
department to issue a certificate specifying that these building rules have been
followed in all respects. The plans shall however, then be submitted to the
Municipal Corporation, for information and record only before the
commencement or the erection or re-erection.
(c) The certificate should preferably be given by a person not directly connected
39
with the preparation of plans and specifications.(d) In the case of
construction in urban areas for defence department, layout plans should be
submitted and general indication given whether they are residential or not, so
that the Municipal Corporation can estimate the requirement of water, electricity
and sewerage disposal etc.
58. Maintenance of Register for sanction /Registration of Building Plans & issue of
Occupation Certificate[Section 264, 349 and 392 (D)] :- A register in form BR-X I I
shall be maintained for all building applications received , permission given or deemed
to have been given, or refused under these rules and the said register shall be available for
inspection without charge by any person interested and such persons shall be allowed to
take extract there from.
59. Notice of commencement of work [ Section 255 and 347] :- A person who has been
issued type plans under rule 49 or given permission under rule 52 and intends to
commence the erection or re-erection shall give a notice in writing to the Commissioner
or to any person authorised by him in this behalf in form BR-VIII giving time not less
than a week, with the date and time at which the erection or re-erection of the building
will commence.
60. D.P.C. Certificate[Section 347 and 392(D)] :- The owner shall obtain D.P.C. Certificate
from the Commissioner before raising further construction in accordance with the
sanctioned building plans approved under rule 52.
61. Occupation Certificate [ Section 264(2) and 392(D)]:- (1). No person shall occupy or
allow any other person to occupy any new building or part of a new building for any
portion whatsoever until such building or part thereof has been certified by the
Commissioner or by any officer authorized by him in this behalf as having been
completed in accordance with the permission granted and an occupation certificate has
been issued in his favor in Form BR XI.
1. Minimum 25% of total permissible ground coverage on the plot/site at G.F shall
be essential for issue of occupation certificate for the first time.
2.. Every person who intends to occupy such a building or part thereof shall apply for
the occupation certificate in Form BR-IX and BR-X duly signed by an
architect/engineer along with photograph of building for all the elevations and
three sets of completion drawings.
3.. No occupation certificate shall be issued unless debris and rubbish consequent
upon the construction has been cleared from the site and its surroundings.
40
4.. After receipt of application under sub- rule 61, the Commissioner shall
communicate in writing within 30days his orders for grant/refusal of such
permission for occupation of the building.
5.. In case after issue of occupation certificate the building is used for some other
purpose against the permission or make any addition/alteration in the building
then after affording personal hearing to the owner, Commissioner may pass
orders for withdrawal of occupation permission
SUB PART – B
Procedure for submission of building application and execution of works by way of ‘Self
Certification’ through the Registered Architects.
(61-A) Intention to construct/physical possession/demarcation
(1) Where a parson expresses his intention to construct a building in for BRS - O shall
first be required to clear the dues, if any, outstanding against his plot. After clearance
of dues the following documents shall be provided to him by the corporation.
(A) A sheet showing the zoning of the plot. Checklist of documents to be
submitted at each stage along with the fee structure.
(B) A copy of building rules.
(2) Besides providing documents mentioned above, commissioner or his representative
shall give to the applicant allowable plinth level of the plot at site.
(61-B) Submission of building application
(1) Any person intending to erect or re-erect any building shall make an application in
writing to the commissioner in form B.R.S.-I. accompanied by the following
documents and forms, duly signed by a registered Architect, Engineer, Structural,
Engineer and Proof Consultant as required in the relevant forms/documents:-
(a) A site plan as required by regulation 61-E;
(b) A building plan or plans as required by regulation 61-F;
(c) Details of specifications of the work to be executed in form B.R.S.- II;
(d) The owner and Architect shall give a certificate in the form of an affidavit
that they have understood the provisions of the zoning sheet fully and shall
not deviate form the prescribed norms;
(e) Fire safety design as required by the National Building Code, duly approved
by the fire officer;
(f) Heating, ventilation, air conditioning, (HVAC) service plan wherever
required;
(g) Certification of conformity to regulations and structural safety for the relevant
41
building (depending on type and height) in form BRS – VA and BRS -VB;
(2) Every person giving an application under rule 61B shall appoint a registered
Architect for drawing up of plans. The supervision of erection or re-erection of
residential and commercial buildings (governed by architecture controls) up to
three stories or 15 meter height may be undertaken by the Architect. However, for
industrial buildings and commercial building (governed by architecture control
and above 15 meter height) the supervision shall be undertaken both by the
Architect and the Engineer. The Architect shall sign the certificate taking
responsibility for architectural supervision only.
(3) The application, plans, structural drawings, specifications and the certificates shall
be signed by the applicant and registered Architect, Engineer and Proof
Consultant as required in the relevant forms/documents.
(4) The application shall be accompanied by the scrutiny fee to be calculated at the
rate of Rs. 10 per square meter of the covered area.
(5) Amount of malba fee shall be Rs-1000-(One thousand rupees only) for the plot
having an area less than one kanal and Rs. 2000/- (Two thousand rupees only) for
the plot having an area of one kanal or more.
(6) Refundable security @ Rs 5/- per sq.mt. of the total plot area shall also be
deposited. The malba fee/security shall be deposited by the applicant with the
concerned zonal office before the start of construction or release of water
connection. The amount of malba/security shall be refundable only after the
malba is completely removed, the area leveled and the occupation certificate is
issued by the competent authority concerned. The refund of malba fee/security
shall further be subject to the condition that applicant shall construct pucca
approach to his house/site by connecting it from the edge of road towards his
house/site and not from any other point of the road.
(7) This application shall be treated as the fifteen days notice for start construction.
The construction can be started after fifteen days, in case on objection is conveyed
to the applicant.
(8) In case where the supervising Architect/Engineer is different from the one who
has prepared the designs, the plans shall be signed by both of them.
(61-C) Checking of building plans and rectifying violations.
(95)Commissioner corporation reserves the right to check the building plans and
construction at any stage and violations if found, shall have to be rectified by the
owner/applicant. In case the owner/ applicant fails to rectify violations, the
commissioner shall demolish the unauthorized construction. Action shall also be
taken against the defaulting Architect by removing his name from the panel and
referring his case to the Council of Architecture for misconduct, All rectifications
shall be at the risk and cost of the owner and on plea of the owner shall be
42
entertained for any default committed by the Architect engaged by him. In all
such cases the procedure of self- certification shall stand aborted.
(2) If a building is begun, erected or re-erected in contravention to any of the
building regulations, the commissioner shall be competent to require the building
to be altered or demolished by a written notice delivered to the owner. Such
notice shall also specify the period during which such alteration or demolition has
to be completed and if the notice is not complied with, the commissioner shall be
competent to demolish the said building at the expense of the owner;
(61-D) Checking of building plans
The commissioner may constitute committee for:-
Checking of building plans, and entrust such committee with such powers and functions
as it may deem proper.
(61-E) Site plan
(1) The site plan shall be drawn to a scale of not less than:-
(a) 1 : 200 for sites not exceeding 1000 square metres;
(b) 1 : 400 for sites exceeding 1000 square metres but below 4500 square metres;
(c) 1 : 800 for sites of 4500 square meters and above.
(2) The site plan shall be prepared with sufficient accuracy to enable the site to be
identified and shall be submitted on distinct azo prints in quadruplicate, two of which
shall be mounted on cloth. The site plan shall be fully dimensioned and shall show-
(d) The boundaries of the size;
(e) The direction of the North point relative to the site’
(f) The street or road adjoining the site with their width clearly dimensioned and
name, if any, all existing road side trees, lamp posts,
or other features or structures likely to affect the approach to the building;
(g) Surrounding buildings in outline within a distance of 15 meter from the site;
(h) All existing building or structures on, over or under the site or projecting
beyond it, in outline besides distinctly indicating the proposed building or
buildings;
(i) The area and proportion of the site to be covered by building including
existing building, if any;
(j) Dimension of the open spaces on the front, rear and the side of the building;
(k) The levels of the site and of the plinth of the building in relation to those of
the neighboring streets, also the levels of all courtyards and open spaces in
relation to the bed levels of the existing drains and sewers in the street or
streets into which the building or site is to be drained;
(l) Method of disposal of waste, water sewerage and storm water; and
(m) Position of water supply.
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(61-F) Building plans.
(a) The building plan or plans shall be drawn to a scale not less than
(i) 1: 50 for plots not exceeding 1000 square meters in size;
(ii) 1: 100 for plots exceeding 1000 square meters;
(b) The building plans shall be submitted on distinct Azo prints in quadruplicate, two
of which shall be mounted on cloth. These plans shall, inter alia, indicate-
(i) The plan of all the floors, all external elevations and sections
(longitudinal and cross) illustrating distinctly all the different
levels thought floors, stair case, water closet, bath, kitchen and
garage;
(ii) The plinth level of the building with reference to the level at the
center of the street or streets on which the proposed building is to
abut;
(iii) The Schedule indication the sizes of the doors, windows, openings,
and other methods of ventilation of each room;
(iv) The means of access to the building and its various floors together
with the means of escape in case of fire, if required under the
specific rules;
(v) In case of the proposed additions and alterations to an existing
building, all new works on the plan by indelible distinctive colours
with a key to the colours used;
(vi) The proposed method of drainage, including the position, from and
dimensions of all privies, urinals, drains and the method of the
method of disposal of sewage, sullage and storm water in full detail;
and
(vii) North point relative to the plan of the building;
Note:- In case of large buildings, various blocks of the building may be drawn on
separate sheets.
(61-G) Type plans
(1) In case the applicant wishes to follow type (standard) design of a building
approved by the commissioner he may obtain the same from the planning branch at the
rate of Rs 100/- per print or at the rate fixed by the commissioner from time to time. Rest
of the procedure shall be the same as explained in regulations 61-A,
61-B, 61-E and 61-F above. However, the drawings to be submitted shall be the ones
which have been supplied by the planning branch and changes, if any, shall be shown on
these very sheets.
(61-H) Information necessary to validate application
44
No application under regulation 61-B shall be considered to be valid unless it is made
on form BRS-1 and is accompanied by the requisite number of plans and documents
together with the scrutiny fee, malba fee and security at the rates mentioned at sr.no 4,
5 and 6 of 61-B or at the rates fixed by the Commissioner from to time. In case of
failure of such compliance, the application together with plans shall be retuned to the
applicant for resubmission in accordance with the regulations.
(61-I) Validity of plans
Once an application under regulation 61-B has been made the same shall be
considered valid for construction within two years of the date of submission of
application. If construction is not completed within a period of two years then a fresh
application shall have to be made under regulation 61-B.
(61-J) Completion of excavation
The applicant jointly with his Architect shall give to the commissioner concerned,
intimation in form BRS-VII along with necessary affidavit as mentioned in form
BRS-VII.
(61 K) Submission of progress certificates
(1) Progress certificates in the provided formats in form BRS-VII shall be
submitted jointly by both the Architect and the owner at the following stages:-
(a) Damp proof course level;
(b) Roof level
(2) At the time of submitting the progress certificate at damp proof course level an
affidavit as mentioned in form BRS-VII stating that the construction being done is as
per Municipal Corporation bye laws/norms in force, shall also be submitted. On
submission of damp proof course progress certificate construction shall be withheld
for a period of fifteen days to allow random checking by the commissioner. The
applicant may proceed with further construction if he receives no notice during this
period from the commissioner.
(61-L) Completion Drawings
(1) One the completion of the building, the owner and the Architect shall submit final
completion drawings duly signed by the Architect and Engineer along with form
BRS-III A/B, as applicable, along with affidavits as mentioned in form BRS-III
A/B. Certificates in form BRS-IV A/B, as applicable, shall be submitted by
Architect and Engineer along with certificates by contractor ( if there is one ) and
plumber in form BRS-VIII and BRS-IX. Following documents shall also be
submitted:-
(a) Self-assessment of violations in the building, jointly signed by the owner and
45
Architect, along with demand draft of the due payment for compounding of such
violations, shall be submitted along with form BRS-III A/B.
(b) Both the Owner and Architect shall give an affidavit as mentioned at serial
no.10 in form BRS-III A/B that no provision of the Municipal Corporation bye-
laws including allowable compounding items, has been violated.
(c) Photographs of front, side, rear set backs, front and rear elevation of the building
shall be submitted along with photographs of essential areas like cut outs and
shafts from the roof top. A compact disc containing all photographs shall also be
submitted.
(61-M) Occupation certificate
(1) The commissioner shall necessarily issue an occupation certificate in form BRS
VI within three working days of receipt of the form BRS-III A/B, duly complete
in all respects and accompanied with the required completion drawings, forms
and affidavits. The occupation certificate shall be issued provided that the
documents submitted along with form BRS-III A/B are in order. Violations, if
found at any subsequent stage, shall result in cancellation of the occupation
certificate issued and the same may be restored only after removal of violations.
Further, action against the Architect shall be taken for furnishing a wrong
certificate/affidavit.
(2) No person shall occupy or allow any other person to occupy any new building or
a part thereof for any purpose whatsoever until such building or part there of has
been certified by the commissioner as having been completed and an occupation
certificate has been issued in his favoar in form BRS-VI.
(3) Provisional occupation certificate (in case of residential plots) pending the issue
of final certificate may be issued for a period not exceeding six months in case
where one habitable room, a kitchen and a toilet forming a part of the submitted
plan is completed. However a minimum of 25% of the ground coverage shall
have to be constructed.
(4) Construction of works as laid down in regulations shall be the part of the
occupation certificate. Unless such works are completed as per drawings
submitted, no occupation certificate shall be issued.
(61-N) Genral
(1) A system of arbitration may be devised for interpretation of bye-laws, whenever
difference of opinion occurs. However, the final decision shall be taken by the
commissioner in all disputes and his decision shall be binding on the
owner/Architect.
(2) At any stage during construction, if an Architect notices that violations (except
compoundable ones) are taking place, he shall intimate the commissioner of such
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violations and stop further supervision. He shall also intimate the owner about the
violations and advise him to stop further construction. Complete details along
with photographs may be submitted to the commissioner. The commissioner may
immediately issue a notice to the owner on the basis of the Architect’s certificate
to suspend further work and rectify violations. Such a situation shall
automatically annul the process of self certification and the owner may, after
removal of violations engage an Architect for preparing the revised drawings. In
such cases completion shall be given only after scrutiny of revised drawings and
inspection of site.
(3) Sanctionable changes may be allowed to be done provided that at the completion
stage all changes are incorporated by the Architect in the completion drawings to
be submitted by the owner to the commissioner, While seeking occupation
certificate, the Architect shall give a certificate that all changes done are
sanctionable and permissible as per bye-laws.
(4) If the supervising Architect / owner fails to submit the progress certificate at
damp proof course level, both shall be held responsible. While action shall be
initiated against the Architect to cancel his empanelment with Municipal
Corporation and refer his case to Council of Architecture for cancellation of his
registration and the owner shall be liable to remove all violations and in addition,
penalty for non submission of damp proof course certificate shall be levied.
(5) After submitting of application or during the construction of building, if the
owner/registered Architect/registered structural Engineer/licensed plumber is
changed, he shall intimate the competent Authority by registered letter that he is
no longer responsible for the project from the date of actual dispatch of the letter.
The information must be sent within seven days of occurrence of the change to
the commissioner by the respective owner/ Architect/ Engineer/plumber. The
construction work shall have to be suspended until the new owner/registered
Architect/registered structural Engineer/licensed plumber, as case may be,
undertakes the full responsibility of the project vide forms and documents
submitted at the time of applying for erection/re-erection of the building within
seven days of his taking over, Owner`s intimation regarding change of name of
professionals shall be considered to be final by the commissioner.
(6) If the owner or registered Architect/Structural Engineer / licensed plumber, as the
case may be, submits a wrong report while making application under regulation
61-B or regulation 61-G or, if any, additional construction or violation is reported
to exist at site or concealment of any fact comes to notice or if the Architect/
owner falsely justifies or mis-states regarding completion, he shall be jointly and
severally held responsible for such omission / commission and his registration/
license to work in Municipal Corporation, may be suspended or cancelled or any
other penalty may be imposed as may be decided by the committee constituted
47
under the Chairmanship of the commissioner after giving an opportunity of being
heard.
(61-O) Empanelment of architects:-
(i) Any architect registered with Council of Architecture who wants to empanel himself
for self certification of the building plans shall get himself empanelled with concerned
Municipal Corporation by depositing Rs. 10000/- & annual empanelment fee shall be
Rs 2000/-.
(ii) Any architect, who commits a breach of or abets the breach of these bye-laws shall on
conviction by a magistrate be punishable with a fine which shall not be less than
Rs 2500/- & not more than Rs 10000/- & if the breach is a continuing one shall be
punishable with imprisonment of either description for a term which may extend to six
months and shall also be liable to cancellation of empanelment,”.
Part IX
Site Planning and Architectural Control
62. USE OF SITE, TYPE AND CHARACTER OF BUILDINGS [Sections 265, 348, 349
and 392(D)] :-
(1) Type and character of building including ancillary buildings that may be erected
or re-erected on plot and the purpose for which they may be used shall be no
other than that shown in the Development plan /approved sector plan/colony plan
/zoning plan.
(2) Every building that may be erected or re-erected on a plot shall be in addition to
the foregoing restrictions, comply with the restrictions shown in the zoning plan
and architectural/frame control sheets wherever applicable. The
architectural/frame control sheets and zoning plan shall have precedence over the
building rules.
(3) Not more than one building unit shall be erected on one floor of one Plot/site but
in any case two or more plots/sites may be combined for the purpose of erection
of one building unit. However, on plots of 400 square meters and above, 2
building units per floor will be permissible with maximum 4 building units on
one plot.
Explanation:- Building unit means a self contained building with such out buildings as
are originally ancillary to the main building and used in connection therewith and
physically incapable of sub-division into two or more independent building units. A
buildings unit, may however be owned by an individual or may be jointly or severally
owned, provided it remains in a single individual ownership.
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63. Distance from electric lines[Sections347, 349 and 392(D)] :– No varandah, balcony or
like shall be allowed to be erected or any additions or alterations made to any building within
the distance between the building and any overhead electric supply line as indicated below.
Vertical Horizontal
a) Low and medium voltage 2.4 mtrs 1.2 mtrs
b) High voltage lines upto and including
33000V.
3.7 mtrs 1.8 mtrs
c) Extra high voltage lines beyond 33000V (+0.3 mtrs. For every
additional 33000 V or
part thereof)
(+0.3 mtrs. For every
additional 33000 V or
part thereof)
Note : Above distance parameters from electric lines shall be followed as amended from
time to time by concerned authority.
64. Size and land use pattern [Sections 265(1) 348, 349 and 392(D)] :– Notwithstanding
anything contained in these rules no building permit on any site be sanctioned if :
i) The proposed land use does not correspond to the land use in the
Development Plan/Sector/Colony plan.
ii) If the construction of any building is for public worship, which in the opinion
of the authority will hurt the religious feelings of any class or persons in the
vicinity thereof:
iii) Place which will be a source of annoyance to, or injurious to the health of the
inhabitants of the neighbourhood.
65. Ground coverage, FAR, Height and Setbacks [Sections 347, 349 and 392(D)] :
The ground coverage , FAR , Height and Set-back shall be governed by the approved
zoning plan of the area/ Sector/ plot where the zoning plan have not been prepared the
following parameters shall be applicable.
(i) Residential Building except group housing :-
(1) Proportion upto which a site may be covered with building including ancillary
buildings, shall be according to the following slabs, remaining portion being left open in
the form of courtyards or open space around the building:-
(a) for a plot of upto 85 square 75% of the area of plot.
metre
(b) for area between more than 66.66% of the area of plot.
85 Sq. Mt. and 170 Sq. Mt.
(c) for the next 250 square 50% of the area of plot.
meters i.e. 170 sq.mt. to
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420 sq.mt.
(d) for the remaining portion 33.33% of the area of plot.
of site
The maximum permissible area on Barsati floor shall be 50% of the ground
coverage, if the barsati is to be used as a dwelling unit, the minimum height of the
barsati shall be 2.75 meters.
NOTE : In respect of sectors transferred by HUDA or any other Govt agency allowed by Govt
to Municipal Corporation, the maximum coverage on ground floor, FAR allowed
and the maximum height of the building shall be as per rules applicable in
concerning authority as amended from time to time or as per approved zoning
plan of the sector/scheme/area.
Explanation:- A dwelling unit means a self contained unit having a living room, separate
cooking area, a bath or a raised bathing platform and latrine or a water closet.
(ii) Group Housing Buildings:
a. minimum plot area 500 square meters
b. maximum permissible
i) Ground Coverage 35%
ii) FAR 175%
iii) Height 30 meter
c. No building shall project at the site beyond the building line specified in
the zoning plan where zoning plan have not been prepared the set backs
shall be regulated as under: -
Table showing maximum setbacks
S.No. Plot Area Front Rear One Side Other Side
Set back Set back Set back Set back
(in sq. mtrs.) (in mts.) (in mts.) (1) in mts. (2)in mts.
1. Upto 100 1.0 2.5 0 0
2. Above 100 to Upto 300 3.0 3.0 0 0
3. Above 300 Upto 500 4.5 3.0 3.0 0
4. Above 500 to 2000 6.0 3.0 3.0 3.0
5. Above 2000 Upto 4000 9.0 6.0 4.5 4.5
6. Above 4000 Upto 10000 15.0 6.0 6.0 6.0
7. Above 10000 Upto 20000 15.0 9.0 9.0 9.0
8. Above 20000 Upto 40000 20.0 9.0 9.0 9.0
9. Above 40000 Upto 100000 25 9.0 9.0 9.0
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Notes :-
(1) Specific set backs shall be as per zoning plan approved by the Commissioner/ by the
competent authority.
.(2) In case the permissible coverage is not achieved with the above set backs then the
Commissioner may allow the setbacks of the preceding category in the case of
hardship or may allow balance permissible coverage on upper floors subject to
maximum permissible height of buildings.
(iii). Industrial Building
(1) The minimum size of a plot for industrial use shall be :
(a) as per the approved layout plan and /or
(b) as obtained on the date of notification of Urban Area or the date
of regularization of colony/area by the Govt.
(c) for I.T. Industry one acre to five acre.
(2) For industrial buildings and I.T. Industrial buildings, the maximum
permissible coverage on ground floor, FAR allowed and the
maximum height of building excluding chimney shall be as per the
following table:-
Table
Maximum permissible Maximum permissible Maximum height of
Coverage on Ground Floor Area Ratio the industrial
(Percentage of site area) ( Percentage) building (In meters)
General Industry Information General Information General information
Technology Industry Technology Industry Technology
Industry Industry Industry
60 40 125 250 21 30
Note:- The owner shall pay proportionate external development charges/cess/fee as
followed by the Deptt. of Town and Country Planning/ HUDA/HSIDC or as
per decision of the Govt.
(3) In respect of Industrial sectors transferred by Haryana Urban Development
Authority HSIDC or any other Govt agency allowed by the Govt to Municipal
Corporation , the maximum permissible coverage on ground floor, FAR allowed
and the maximum height of buildings excluding chimney shall be as per rules
applicable in concerning said authority as amended from time to time or as per
approved zoning plan of the sector/schema /area.
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(4) Basement shall be allowed for parking , storage and services and in case of
Information Technology units , twin level basement shall be permitted within
building zone for parking purposes.
(5) The FAR prescribed for I.T. Industry shall be allowed subject to provision of
parking facility within the building zone at a norm of one car parking space for
every 50 sq.metre of proposed FAR on the plot/site.
iv) Commercial Buildings:.
(1) The minimum size of the plot for commercial use shall be as per the approved lay
out plan or as approved by the competent authority. .
(2) (a) In case of site for shop - cum- residence or shopping booths the coverage on the
ground floor, shall be in accordance with zoning plan.
(b) In the absence of zoning/architectural control sheet the coverage shall be
as follows:-
(c) In respect of sectors transferred by HUDA or any other Govt agency.
Area of plot Permissible coverage
on ground floor
(i) For plots having area upto 40 85% of the plot area
sq. meters
(ii) For plots of more than 40 sq. 75% of the plot area
Meter with depth upto 12 mt.
(iii) For plots having area of more The permissible coverage shall than
40 square meters and be the same as for a residential
depth exceeding 12 mts buildings. .
(c) In case of plots used purely for commercial purposes or for shop- cum-
offices the permissible coverage on upper floors shall be the same as per
ground floor.
(d) In case of sites used for commercial-cum-residential purpose the
coverage in respect of upper floors to be used for residential use shall be
as per the residential buildings.
(3) A three level basement shall be allowed within the building zone only.
(4) The height shall be regulated by the zoning or architectural control sheet.
(5) For commercial complexes ground coverage of 40% ,175% FAR and 30 meter
height shall be allowed subject to fulfillment of the parking requirements.
(6) Parking facility within the premises at a norm of one car parking space
for every 50 sq.metre of proposed FAR on the plot/site shall be
provided by the owner. The owner can provide the required parking space
either in basement or on stilts or by way of mechanical parking provision with the
approval of competent authority.
52
(v) Institutional and Public Buildings:
.(1) The size of the plot for institutional and public buildings shall be as per the
approved layout plan.
(2) The coverage, floor area ratio, height and other requirements shall be as per the
zoning plan, if any. In the absence of zoning plan the restrictions as follows
shall be applicable:-
(a) The maximum permissible coverage including covered parking on a plot shall be
allowed as under :-
Area of Plot Maximum permissible Coverage
(i) upto 10,000 square meters 33% of the area of plot
(ii) For portion in excess of 25% of the area of plot
10,000 square meters.
(b) The maximum permissible floor area ratio shall be 100%
(3) Basement upto three level shall be allowed within the building zone
area in accordance with the provisions of zoning plan.
(4) The building plan for minimum 25% permissible ground coverage shall
be got approved by the owner in the beginning. Thereafter, for additional
construction the building plans can be submitted for approval as per requirement.
(5) for issue of occupation certificate construction of building on minimum 25%
of the permissible ground coverage on the site/plot shall be essential.
(6) Parking facility shall be within the site at a norm of one car parking space
for every 50 sq.metre of proposed FAR on the plot/site, at least 25% car parking
space should be on street level.
(vi) Other Buildings:
Ground Coverage, FAR, height of buildings shall be as under:
S.No. Use Max. ground Max. Max. height in
Coverage FAR mtrs.
1. Convenient Shopping Centre 40% 80 11.0
2. Sector Shopping 30% 100 15.0
3. Sub-District Centre, Shopping
along street and other shopping 30% 150 30.0
Centres
4. Hotel 25% 175 30.0
5. Banks 30% 175 30.0
6. Cinema [As per Cinematographic Act of Punjab/Haryana]
7. Dharam Kanta 25% 25 05.0
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8. Petrol Pump 25% 25 06.0
9. Whole sale Mkt. 30% 100 15.0
10. Gas Godown 25% 25 15.0
11. Warehousing/Godowns 50% 100 15.0
12. Dharamshala/Lodge/Guest-
House 30% 100 15.0
13. Community Centre, Club-
Building and Barat Ghar 30% 60 15.0
14. Fire Station 30% 75 15.0
15. Police Station 30% 100 15.0
16. Post Office 30% 100 15.0
17. Sports and Amusement Complex,
Swimming pool, Shooting Range 20% 40 30.0
18. Low Density Sports & Amusement
Complex, Recreational Club, Social/
Cultural Centre 10% 20 15.0
19. Bus terminal, LRT Terminal, Bus Depots/
Workshops, Booking Offices, Transport
Nagar 30% 60 15.0
20. Taxi Stand 10% 10 05.0
21. Nursery School/Creche 40% 80 10.0
22. All other Educational Institutions,
Research and Training Centre, 30% 100 15.0
Testing Centre etc.
23. Religious Building, Orphanages 25% 50 30.0
24. Dispensary 30% 60 15.0
25 Hospital, Naturopathy, Specialized Health
Center, Nursing Home 30% 100 15.0
26. Corporate/ Semi-Corporate,
Corporate Offices 30% 100 15.0
27. Hostel, Boarding House 30% 100 15.0
28. Museum , Art Gallery and Exhibition
Centre 30% 100 15.0
Notes:
I Minimum setbacks shall be as per Table given in rule-21(ii) (c)
II In addition to the heights mentioned above, additional height can be permitted by
the competent authority for focal points, illuminated boards and other such
structures with non usable height.
54
III In case of any activity other than listed above, the ground coverage and FAR shall
be as decided by the Commissioner from time to time.
IV No portion of any building shall project beyond the building lines as shown
in the approved zoning plan.
66. Courtyard [Section 347, 349 and 392 ( D )]:-
(1) The minimum area of courtyard on which habitable rooms abut and from
which they derive light and ventilation, shall be minimum 120 sq.ft. or 1/6 of the
aggregate plinth area of the rooms whichever is greater. In determining the said
aggregate plinth area of the rooms abutting on the courtyard, only half of the floor
area of such rooms as abut on another courtyard or an open space with a minimum
width of 3 meters shall be taken into account.
(2) The minimum dimensions of every such courtyard in any direction shall not be
less than 3.0 meters.
(3) Any room which is separated only by an open verandah from the courtyard,
shall for the purpose of these rules deemed to abut on such courtyard.
67. Plinth [Section 347, 349 and 392 ( D )] :-
(1) The plinth of the main building shall be so located with respect to surrounding
ground level that adequate drainage of the site is assured. The minimum height of
the plinth shall not be less than 460 centimeters in case of habitable rooms and
not less than 15 centimeters in case of stables, garages etc.
(2) Every courtyard shall be raised at least 15 centimeters above the level of the
nearest street and shall be satisfactorily drained
68. Area, light and ventilation for a habitable room [Section 347,349 & 392(D )]:-
(1) Every habitable room other than a kitchen shall have clear area of not less than 9.5
square meters and shall not be less than 2.5 meters in any side.
(2) Every habitable room:-
(a) Shall have clear height of at least 2.75 meters in every part from floor to
ceiling. In case of air conditioned rooms, the height shall not be less
than 2.4 meters measured from the surface of the floor to the lowest
point of air conditioning duct or false ceiling:-
(b) Shall be provided for the purpose of light and ventilation with openable
windows, ventilators or other apertures which shall have a total area of
not less than 1/4th of the total floor area of the room. All doors and
windows or other apertures shall open directly or through a verandah or
to a permanent open space or an open space abutting the building or not
less than 1.8 meters in width . No portion of a room shall be assumed to
55
be lighted , if it is more than 7.5 meter away from the opening assured
for lighting that portion. In case of centrally air-conditioned buildings
the provisions made in NBC shall be followed.
69. Kitchen [Section 347, 349 and 392 ( D )] :-
(1) The area of the kitchen should not be less than 5.5 square meters and it shall
have a minimum width of 1.8 meters. Where there is a separate store, the
floor area of the kitchen may be reduced to 4.5 square meter. In case of
houses constructed on plots upto 100 square meters, the size of the kitchen
may be reduced to 3.8 square meters. The kitchen which is intended for use
as a dinning space also shall have a floor area of not less than 9.5 square meter
with a minimum width of 2.45 meters;
(2) Height of the kitchen measured from the surface of a floor to the lowest point of
the ceiling (bottom of the slab) shall not be less than 2.45 meters except for the
portion to accommodate floor trap of the upper floor.
(3) A kitchen shall be deemed to be a habitable room and the requirement regarding
ventilation already mentioned for habitable room shall be applicable in the case of
kitchen also. The area of opening shall be increased by 25% in the case of a
kitchen.
70. Bathroom and water closet (WC) [Section 347, 349 and 392 ( D )] :-
(1) The area of the bathroom shall not be less than 1.4 square meter with a
minimum width of 1.2 meters and that of the water closet shall not be less than 1.1
square meters, the smallest side being minimum 0.90 meters.
The above restriction shall not apply in case of plots upto 100 square
meters.
The minimum height of the bathroom and water closet shall not be less than 2.45
meters. For the purpose of permanent ventilation a minimum opening of 0.2 square
meter placed close to the ceiling in addition to the doors and windows, opening
directly to the outside air and of not less than ¼th of the floor areas shall be
provided.
(2) A vertical shaft open to sky of a minimum size of 1.25 meters X 1.50
meters may be provided for ventilation to toilets, baths and water closets, but it
shall be counted towards covered area.
(3) Every bathroom and water closet shall:-
(i) be so situated that at least one of its walls shall open to
external air;
(ii) not be directly over any room other than another latrine,
56
washing place, bath or terrace unless it has a water-tight floor:-
(iii) have a platform or seat made of water tight non-absorbent
materials:-
(iv) be enclosed by walls and partitions and the surface of every
such walls or partition, shall be finished with a smooth
impervious material to a height not less than 5 fts above the
floor of such room;
(v) be provided with impervious floor covering sloping towards the
drain with a suitable grade and not towards verandah or any
other room;
(4) No room containing water-closet shall be used for any other purposes except
as lavatory and no such room shall open directly in to any kitchen or cooking
space by a door window or another opening. Every room containing water-
closet shall have a door completely closing the entrance to it
71. Staircase [Section 347, 349 and 392 ( D )] :-
(1) Every building more than one storey high intended to be used as a single family
or two family residential building, shall be provided at least with one staircase
having a minimum clear width of 0.8 meter constructed of fire resisting
materials throughout.
(2) Every building intended to be used as a multiple residential building or
commercial or public or industrial building shall be provided with required
number of staircases {accessible from a maximum distance of 75 ft.( 22.85 Mts
from any part of the building ) }, extending from ground floor level to the
highest floor having a minimum clear width as laid down below:-
(i) number of users upto 100 1.2 meters
(ii) for every additional 50 persons or width shall be increased
part thereof by 0.1 meter until a
maximum of 2.75 meter is
reached.
If a service or a spiral staircase is provided its width shall not be less than 80 centimeters.
Note:- For the purpose of these rules, each 5 square meter of floor space in the case of non-
residential building and 10 square meters of floor space in the case of residential building shall
be deemed to be occupied by one person.
(3) No staircase in a residential building shall have riser of more than 20 centimeters
and a tread of less than 22.5 centimeters. No staircase in a commercial, public or
industrial building shall have a riser of more than 18 centimeters and a tread of
less than 27 centimeters. Notwithstanding anything contained in sub-rule (2), the
staircases in the private portion of a public building and industrial building not
57
open to the general public may be of the sizes mentioned for residential building.
(4) The minimum clear head room in any staircase shall be 2.10 meters measured
from top of the riser to the lowest point of the ceiling above.
(5) Treads and riser of each flight of a staircase or of several flights in the same
staircase in any building shall be of uniform width and height. The maximum
number of steps in a flight shall be 14. Winders shall be allowed in residential
building provided they are not at the head of downward flight. In every staircase
at least one hand rail of 0.90 meter height shall be provided . At ground floor of
the building handrail may not be provided if the steps do not go above 1.5 meters
in height and are not less than 1 meter in width.
(6) Where the staircase is in a residential building and is not otherwise ventilated to
the minimum extent of 1.2 meters in each flight, it shall be ventilated at the top by
means of a window or a ventilator or skylight of an area not less than 1/3rd of the
area of the said staircase roof.
(7) No part of the second or any higher storey of any building shall be more than
22.85 meters from the staircase or a ramp leading to the ground floor except
allowed in the zoning plan approved by the competent authority.
(8) Every staircase shall be adequately ventilated and lit to the satisfaction of the
Commissioner.
72. Lifts and Ramps [Section 347, 349 and 392 ( D )] :- Every building having more than 4
storey or 15 meters height shall be provided with a lift or a ramp with an inclination of
1:6 in addition to the staircases.
73. Lobbies, Passages and Corridors [Section 347, 349 and 392 ( D )] :-
(1) The minimum width of lobbies, corridors, passages in a residential building shall
be at least 0.9 meter and these shall be of fire resistant material and shall be
constructed on support of fire resistant material.
(2) Minimum width of any lobby, corridor and passage in case of residential building
with multiple dwellings, commercial, public or industrial building shall be as
given below:
(i) Number of users from 1 to 20 = 0.9 meter.
(ii) Number of users from 20 to 100 = 1.2 meters.
These widths shall be increased by 2.5 centimeters for every additional 15 persons
until a maximum of 2.75 meters is reached.
(4) The clear height of lobbies, corridors shall in no case be less than 2.15 meters as
measured between floor and ceiling.
(5) The walls and roofs shall be of fire resisting material and shall be constructed on
support of fire resisting materials.
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74 . Cantilevered Roof and Chajja Projections [Section 347, 349 and 392(D )] :- No
building verandah, chajja or other projections from the face of the building shall be
allowed to be erected or re-erected on or over a road or beyond the boundaries of the
applicants own land. No balcony shall be permitted on public roads/ space. However,
balcony of a width of maximum 1.80 mtr. in front & rear sides of a plot can be permitted
provided that the width of balcony do not exceed half of the width of set back. On plots
of the size of 300 sq. mtrs or above where side set back have been provided , a balcony of
maximum width of 1.0 mtr in side set back can be permitted. No projection or sun-
shades shall be permitted on public roads/ space. Projection of Sun- shades over
opening or projection against sun and rain shall be allowed subject to the following:
a) No Sun-shade shall be permitted over any road, over any park/ public place.
b) Sun-shade within set backs provided it is above a height of 2.3 mtrs from the
ground level shall be permitted to project up to a maximum of 1.80 meters
within the applicants own land provided it does not exceed half of the width of set
back/open space.
75. Mezanine Floor [Section 347, 349 and 392 ( D )] :- i) A Mezanine floor or internal
balcony shall not be permitted unless the height of the room is at least 5.0 meters and
such mezzanine floor or balcony do not cover more than 1/3rd of the room area. The area
of such mezzanine floor shall be counted towards FAR.
ii) the height of such mezzanine floor or internal balcony shall not be less than 2.3
meters and it shall not be lower than 2.3 meters above the floor level.
76. Motor Garage. [Section 347, 349 and 392 ( D )] :- (i) The minimum size of a private
Motor Garage shall not be less than 2.75x5 metres. The clear height of the garage shall
not be less than 2.75 metres. The plinth of the motor garage shall not be less than 15
centimetres above the average ground level.
(ii) A garage shall not be permitted in the side set back and shall not be used for
habitable purposes. The area of garage shall be counted towards covered area.
77. Minimum provision with regard to residential buildings [Section 347, 349 and 392 (
D )] :-No building for any residential use shall be constructed or allowed to be
used/occupied till , in addition to living rooms every dwelling unit provides for –
(a) One kitchen
(b) One Bathroom or raised bathing platform
(c) One latrine or W.C.
Note: Minimum 25% of total permissible ground coverage on the plot/site shall be
essential for issue of occupation certificate for the first time
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78. Height of boundary wall and fence and type of gate [Section 347, 349 and 392 (D)]:-
The height and design of the boundary wall or fence and gate shall be in accordance with
the provisions of the zoning plan and shall conform to the pattern as laid down for such a
plot in the zoning plan:
Provided that where zoning plan has not been prepared, the height and design of the
boundary wall or fence and gate shall be as specified by the Commissioner.
79. Fire protection. [Section 347, 349 and 392 ( D )] :-Fire protection measures provided in
Part IV of National Building Code of India, 1983, dealing with the fire protection
measures as amended from time to time , shall be followed. The provisions made in the
building will have to be got verified from the concerned fire authority and accordingly a
certificate shall be submitted by the owner. In the buildings of public gathering, at least
four exits directly opening outside the building or to a staircase / ramp / corridor directly
leading to the open area around the building, shall be provided by the owner.
80. Rain Water Harvesting [Section 347, 349 and 392 ( D )] :-
1. (a) Arrangement of roof rain-water harvesting within the plot will have to be made by
the plot owner, constructing the building on the plot where the area of the roof is
100 square meters or more.
(b) The system of collection, conveyance and dispersion of rain-water for harvesting
shall be made in such a manner that only clear water is able to enter and no
contaminated waste water from the building or surrounding area should find its
way in this system.
(c) The entry points of the rain-water for harvesting shall be designed in such a
manner that in normal days, these remain covered. Arrangements of segregation
of the rain-water from the first shower (containing wash water) shall also be there.
(d) The arrangement of quick filtration of rain-water shall also be made in the rain-
water harvesting well/ tubewell so that rain-water does not pollute or choke the
strata.
(e) The complete system of rain-water harvesting will be constructed within plot area
available with the owner.
(f) The recharge well shall be located at a distance of not less than 10 meters away
from any structure handling sewage or industrial waste water ( such as septic tank
or effluent treatment plant etc.). This minimum distance of 10 meters will not be
applicable to manholes or sewer lines although it will be ensured that they are
leak proof.
(g) The detail proposal of the system comprising collection, conveyance and
dispersion of rain-water harvesting well/ tubewell will have to be shown on the
building plan submitted for approval.
(h) Any Engineer not below the rank of Sub Divisional Municipal Engineer will have
60
the powers to inspect the system whenever considered necessary and the owner of
building will ensure compliance.
(i) The water (Prevention and Control of Pollution)Act, 1974 (Act 6 of 1974), with
all amendments made from time to time shall be applicable.
2. Construction of the building as laid down in sub clause (1) shall be the part of the
occupation certified. Unless such construction is completed as per the approval, no
occupation certificate shall be issued.
81. STRUCTURAL SAFETY FOR NATURAL HAZARD PROTECTION OF
BUILDING [Section 347, 349 and 392 ( D )] :- For buildings more than three storeys
(including ground floor) or more than 11.5 meter height and important facilities like
water works, overhead tank, telephone exchange, bridges and culverts, electric sub
station, transmission towers, Mobile Phone Signal Towers, the requirements specified in
the Indian Standard Code and Guidelines and other documents shall be observed for
Structural Safety And Natural Hazards Protection of buildings. The details of the relevant
codes and guidelines are given in Appendix-A.
(82) Every Govt/Public/Co-operative building shall be provided with solar heating system as per the provisions under NBC / guidelines issued from time to time.
(83) Provision/facilities for physically handicapped persons
Level of the roads, access paths and parking areas shall be described in the plan
along with specification of the materials.
(i) Access Path/ Walk Way.- Access path from plot entry and surface parking to building entrance shall be minimum of 1800 millimeter wide having even surface without any steps. Slope, if any shall not have gradient greater than 5%. Selection of floor material shall be made suitably to attract to guide visually impaired persons (limited to coloured floor material whose colour and brightness is conspicuously different from that of the surrounding
floor material or the material that emit different sound to guide visually impaired persons hereinafter referred to as “guiding floor material”). Finishes shall have a non-slip surface with a texture traversable by a wheel chair. Curbs wherever provided shall blend to a common level.
(ii) Parking.- For parking of vehicles of handicapped people the following
provisions shall be made:-
61
(a) Surface parking for two car spaces shall be provided near entrance for the
physically handicapped persons with maximum travel distance of 30.0
meters from building entrance;
(b) The width of parking bay shall be minimum 3.6 meters;
(c) The information stating that the space is reserved for wheel chair users
shall be conspicuously displayed;
(d) Guiding floor materirals shall be provide or a device which guides visually
impaired persons with audible signals or other devices which serves the same purpose shall be provided.
(83 A) The specified facilities for the buildings for physically handicapped
persons shall be as follows:-
(1) Approach to plinth level.- Every building shall have at least one entrance accessible
to the handicapped and shall be indicated by proper signage. This entrance shall be
approached through a ramp together with the stepped entry.
.
(i) Ramped Approach.- Ramp shall be finished with non slip material to enter the
building. Minimum width of ramp shall be 1800 millimeter with maximum
gradient 1: 12, length of ramp shall not exceed 9.0 meters having 800 millimeter
high handrail on both sides extending 300 millimeter beyond top and bottom of
the ramp. Minimum gap from the adjacent wall to the handrail shall be 50
millimeter
(i) Stepped Approach.- For stepped approach size of tread shall not be less than
300 millimeter and maximum riser shall be 150 millimeter. Provision of 800
millimeter high handrail on both sides of the stepped approach similar to the
ramped approach shall be made.
(ii) Exit/Entrance Door,- Minimum clear opening of the entrance door shall be 900
millimeter and it shall not be provided with a step that obstructs the passage of a
wheel chair user. Threshold shall not be raised more than 123 millimeter.
62
(iii) Entrance Landing.- Entrance landing shall be provided adjacent to ramp with the
minimum dimension 1800 millimeter x 2000 millimeter. The entrance landing
that adjoin the top end of a slop shall be provided with floor materials to attract
the attention of visually impaired persons (limited to coloured floor material
whose color and brightness is conspicuously surrounding floor material that emit
different sound to guide visually impaired persons hereinafter referred to as
“guiding floor material”). Finishes shall have a non-slip surface with a texture
traversable by a wheel chair. Curbs wherever provided shall blend to a common
level.
(2) Corridor connecting the entrance/exit for the handicapped.- The corridor
connecting the entrance/exit for handicapped leading directly outdoor to a place
where information concerning the overall use of the specified building can be
provided to visually impaired persons either by a person or by signs, shall be
provided as follows:-
(i) Guiding floor materials shall be provided or devices that emit sound to guide
visually impaired persons;
(ii) The minimum width shall be 1500 millimeter;
(iii) In case there is a difference of level slope ways shall be provided with
a slope of 1:12;
(iv) Handrails shall be provided for ramps/slope ways.
(3) Stair-ways.- One of the stair-ways near the entrance/exit for the handicapped shall
have the following provisions:-
(i) The minimum width shall be 1350 millimeter;
(ii) Height of the riser shall not be more than 150 millimeter and width of
the tread 300 millimeter. The steps shall not have abrupt (square) nosing;
(iii) Maximum number of risers on a flight shall be limited to 12;
(iv) Handrails shall be provided on both sides and shall extend 300 millimeter. On
the top and bottom of each flight of steps.
(4) Lifts .- Wherever lift is required as per buy-laws, provision of at least one lift shall be
made for the wheel chair user with the following cage dimentions of life
recommended for passenger lift of 13 persons capacity by Bureau of Indian
Standards:-
Clear internal depth 1100 millimeter.
Clear internal width 2000 millimeter.
Entrance door width 900 millimeter.
(i) A handrail not less that then 600 millimeter long at 1000 millimeter
about floor level shall be fixed adjacent to the control panel;
63
(ii) The lift lobby shall be of an inside measurement of 1800 millimeter x1800
millimeter or more;
(iii) The time of an automatically closing door shall be minimum 5 seconds
and the closing speed shall not exceed 0.25 meter/second;
(iv) The interior of the cage shall be provided with a device that audibly indicates
the floor. The cage has reached and indicates that the door of
the cage for entrance/exit is either open or closed;
(5) Toilets.- One special water closet in a set of toilet shall be provided for the
use of handicapped, with essential provision of wash basin near the entrance
for the handicapped. It shall have-
(i) The minimum size of 1500 millimeter x 1750 millimeter;
(ii) Minimum clear opening of the door of 900 millimeter and it shall swing out;
(iii) Suitable arrangement of vertical/horizontal handrails with 50 millimeter
clearance from the wall;
(iv) At least 500 millimeter distance between the water closet seat and the floor.
(6) Drinking Water.- Suitable provision of drinking water shall be made for the
handicapped near the special toilet provided for them.
(7) Designing for Children.- In the building meant for the predominant use of the children, it shall suit the height of the handrail and other fittings and fixtures etc.
Part X
Regulations/Rules for Sub-Division of plots :-
Residential Plots :-
84. (1) No person shall sub divide the plot measuring up to 1,000 sq. meter in unplanned area or
whatever the size of plot in approved / planned areas, excluding licensed / exempted
colonies and HUDA sectors falling in Corporation area, without prior permission from
the Commissioner. Sub division of plots of more than 1,000 sq. meter located in
unplanned area shall be regulated according to the provisions of the Haryana
Development and Regulation of Urban Areas Act, 1975.
(2) Permission to sub-divide a plot in more than two plots shall not be granted at a time. Sub
division of any plot can be allowed three times, provided the condition of minimum size
of sub divided plot under rule 87 is fulfilled. However, Commissioner as a special case
may consider the request of the applicant to allow sub-divisions ( upto eight nos.)
permissible upto three times in a single request, in case the applicant is ready to pay
subdivision charges and other fees as per rule 85 and proportionate development charges
64
/ cess / fees as approved by the Commissioner/ Govt.
85. Any person intending to sub divide the plot as mentioned above shall make an
application alongwith scrutiny fee @ Rs.10/- per sq. meter of total plot area together with
a sub division fee @ Rs. 10, Rs. 20 and Rs. 50 per sq. meter of the total plot area for the
1st, 2nd and 3rd time sub division respectively as the case may be accompanied by the
following documents: -
1. Scrutiny fee @ Rs 10/- per sq. mt. of total plot area.
2. Proof of ownership of land proposed for sub-division
3. Site plan/Survey plan on a scale of 1’:40’, showing building to be retained
/demolished in distinct colours.
4. No dues certificate concerning payment of municipal/local taxes of the
Corporation.
5. Sub division Plan showing: -
a. The arrangement of sub divided plots;
b. Means of access to the individual sub divided plots;
c. Means of obtaining water supply, electrification, drainage and sewerage
disposal etc. ;
Provided that in case the licence fee as per Urban Local Bodies Department notification no
14/36/2002/6CII dated 8-5-2002 or amended from time to time, on such plot is more than
the total payable subdivision charges then the amount of licence fee shall be charged from
the applicant.
Provided that in case of hardship and where the original plot owner has sold the plot in parts
without permission for sub-division as required under rules 85 then Commissioner may
consider the request of applicant for regularisation of illegal sub-division on payment of
prescribed sub-division fee @ Rs.80/- per sq. mt. and other charges payable on the plot
owned by the applicant and the balance fee / charges shall be charged from the owners as and
when they come for regularization letter on the rates of fee / charges shall be at the
prevailing rates at the time of regularization.
86. Every sub-divided plot shall have an independent direct access/entry from a public street
of at least 6-meter width. When such a street is intended to be provided inside the original
plot for providing access and laying services for the sub-divided plots, the same shall be
transferred to the Municipal Corporation by the applicant by way of mutation or gift deed,
free of cost for declaration of public street. Where the street is to be used only as a service
lane, the width may be reduced to a minimum of 4.5 meters.
87. The minimum size of sub-divided plots for various uses shall be as follows. However,
the depth of any sub-divided plot shall in no case be more than 3 times its width: -
65
Use Size
Residential 40 square meters or the size of plot as
permitted by the Govt from time to time.
Commercial:
Shopping Booths/Shops including covered
Corridor
20 square meter
Shop-cum- residences, Business and
commercial office
100 square meter
Small Scale / Service Industry:
Service Industries, Small scale industries and
workshops
250 square meter
Public and Institutional building Plot size to be arrived at on the basis of
covered area requirement for that use (as per
norms)
Note: Minimum size of plots mentioned above shall be applicable only with old municipal limits
and regularized colonies by the Govt. from time to time.
88. The responsibility for providing pucca road for access and other services like water
supply, sewerage etc. for sub divided plots shall rest with the owner of the original
undivided plot. The plot owner applying for sub division shall either deposit the
estimated cost of laying services like roads, water supply, sewerage, drains , street light
etc. as per design and specification approved by the Engg. Branch of the
Corporation,with the Municipal Corporation for execution of said development works or
undertake and complete the above services/development works as per the estimates
,design , specifications and levels decided by the engineering branch of the corporation
before final permission is granted and shall also furnish the bank guarantee equivalent to
the total estimated cost of such services worked out by the Engineering Branch of the
Corporation. The bank guarantee shall be released only after issue of completion
certificate in respect of development works provided on such road. These charges shall be
in addition to the sub-division fee mentioned earlier.
89. The construction on sub-divided plots shall be regulated according to the provisions of
the building rules /approved zoning plan. The sub-divided plot shall only be used for the
purpose for which the permission is given while approving the sub-division.
Industrial Plots :-
66
90. The industrial plots forming part of sanctioned schemes located within the limits of old
municipal towns where controlled area has been declared by the Chief Administrator,
Faridabad Complex Administration / Commissioner under the provisions of Faridabad
Complex ( Regulation and Development ) Act, 1971 or Haryana Municipal Corporation
Act, 1994 and where unit was in operation but now it has been closed by the owner due
to some hardships , if the owner alongwith the recommendations of BIFR, apply along
with documents under rule 85 along with an affidavit attested by the Megistrate first
class to the effect that sub divided plots shall be sold for the purpose of industry only,
before the Commissioner for sub-division and if the Commissioner is satisfied with the
grounds for sub-divisions submitted by the owner , he may recommend the sub-
divisions to the committee constituted by the Govt for approval sub division a
irrespective of the total area of such industrial property / site with the conditions for
payment of sub-division charges @ Rs 100/- per sq. mt, service charges @ Rs 10/- per sq
mt, licence fee, development charges other fees / EDC etc. as approved by the Govt. from
time to time, subject to the condition of minimum size of plot shall be 500 sq yds or as
approved by the Govt from time to time.
91. Every sub-division shall be approachable from a public road of minimum 30’-0” width.
In case new approach road or any public utility has been proposed by the owner within
the site then the ownership of land under such road/public utility shall be transferred by
the owner in favour of Corporation free of cost, for declaration of Public Street. The
owner shall bear the cost of development of road/ provisions of other services as per the
provisions under rule 88. The other conditions provided in the sub-division rules for
residential plots , shall also be applicable in industrial cases.
PART XI
STRUCTURAL MATERIAL AND CONTROL
[UNDER SECTION 349 AND 392 (D)]
92. All materials to be used for the erection or re-erection of a building shall confirm to the
relevant specifications and standards laid down by the Indian Standard Institution. For
items not covered by the Indian standard Institution, the specification and standards laid
down in Haryana Public Works Department Specifications. Edition as adopted by the
Haryana Municipal Corporation and amended from time to time shall be followed.
93. No person shall erect or re-erect any building on any ground which has been filled up
with offal or offensive vegetable or animal matter, or upon which any such matter is
deposited unless and until the Commissioner, certifies that such matter has been properly
removed by excavation or otherwise become or has been rendered innocuous.
67
94. (1) The foundation of every building shall be so constructed as to sustain the combined
dead load of the building and the super-imposed load to be estimated as per Schedule IV
and to transmit those loads to the sub-soil in such a manner that pressure on the sub-soil
shall not exceed the safe pressure specified in the table below:-
---------------------------------------------------------------------------------------------------
S.No. Type of rocks and soil Presumptive Remarks
Safe bearing
Capacity.
--------------------------------------------------------------------------------------------------
(a) Rocks---
1. Rocks(Hard) without lamina- 33 …
tion and defects for example,
granite trap and diorite.
2. Laminated rocks, for example, 16.5 …
stone and lime stone in sound
condition.
3. Residual deposits of shattered 9.0 …
and broken bedrock and hard
shale, cemented material.
4. Soft rock 4.5 …
(b) Non-cohesive soils—
5. Gravel, sand and gravel,compact 4.5 See Note 1.
And offering high resistance to
Penetration when excavated by
Tools.
6. Coarse sand, compact and dry 4.5 Dry mean that the
ground water level is
at a depth not less
than the width of
foundation below
the base of the
foundation
7 Medium sand, compact and dry 2.5
8 Fine sand, silt( dry lumps easily
pulvarised by the fingers
1.5
9 Loose gravel or sand gravel
mixture; loose coarse to medium
sand dry
2.5 See note 1
10 Fine sand loose and dry 1.00
68
(c) Cohesive soils
11 Soft shale, hard or stiff clay in deep
bad, dry……..
4.5 This ground is susceptible to
long term consolidation
settlement
12 Medium lay, readily intended with a
thumb nail
2.5
13 Moist clay and sand clay mixture
which can be indented mixture
which can be intended with strong
thumb pressure
1.5
14 Soft clay, intended with moderate
thumb pressure
1.0
15 Very soft clay which can be
penetrated several centimetres with
the thumb
0.5
16 Black cotton soil or other shrinkable
or expensive clay in dry condition(
50 per cent saturation)
(d) Peat
See note 2, to be determined
after investigation
17 Peat
(e) Made up ground
See note 3, to be determined
after investigation
18 Fill or made up ground See note 1 or 4, to be
determined after investigation
Note 1: compactness or looseness of non-cohesive materials may be determined by driving a
wooden picket of dimension 5 centimetres 5 centimetres 7 centimetres with a
sharp point. The picket shall be pushed vertically into the soil by the full weight of a
person and if the penetration of the picket exceeds 20 centimetres, the loose state
shall be assumed to exits
Note 2: No generalized valves for presumptive safe bearing capacities can be given for these
type of soil. In such area adequate site investigation shall be carried out and expert
advice shall be sought.
Note 3: peat may occur in very soft spongy condition or may be quite firm and compact.
While ultimate bearing capacity may be high in the compact, cases, very large
consolidation settlements occur even under small pressures and the movements
continue for decades.
Note 4: The strength of made up ground depends on the nature of the material. Its depth and
age, and the methods used for consolidating it.
Note 5: the presumptive safe bearing values may be increased by amount equal to weight of
the material (virgin soil) removed from above the bearing level that is the base of
69
foundation.
Note 6: For non-cohesive soils, the presumptive safe bearing value shall be reduced by 50%.
If the water table is above or near the bearing surface of the soil. If the water table is
below the bearing surface of the foundation no such reduction shall apply. For
intermediate depths of the water table, proportional reduction of the presumptive safe
bearing value may be made.
(2) The loads shall not cause such settlements of the building or any part of the
building as may impair its stability.
(3) For building 3 storey high, foundation shall be designed after making standard
tests or establishing the safe bearing pressure of the soil and the foundation shall
be taken down to such a depth or so constructed as to render the building
immunes from damage from upheaval and movement due to seasonal variations
in the content of the moisture in the ground.
95. (1) Every wall of public building or domestic building( including a pier forming a part of
the wall or a compound wall) shall be provided with a damp proof course except
when built up of materials such as cement concrete(50 kilograms, 0.07 cubic metre
fine aggregate and 0.14 cubic metre coarse aggregate) known as 1:2:4 cement
concrete with or without the addition of any commercial damp proofing material.
(2) Materials specified as damp proof course shall be as per Indian Standard Institution
or as indicated in the Punjab P.W.D specification, 1963. Edition as adopted by the
Haryana State Duly amended from time to time.
(3) In external wall, the horizontal damp proof course shall be laid immediately above the
plinth protection and a vertical damp proof course shall be provided on the interior
face of the wall extending between the horizontal damp proof course and the level of
the upper surface of the concrete in finished floor.
(4) In an internal wall the horizontal damp proof course shall be laid loads, in level with
the upper surface of the concrete in the finished floor. The section continuity of damp
proof course between the internal and external wall shall be secured by the insertion
of bituminised bricks of cement concrete bricks laid in cement mortar 1:3 or any other
damp proof material.
96. In addition to the dead loads, the buildings shall be designed for following live loads as
per Schedule III.
(a) LIVE LOADS ON ROOFS
Sr. Type of Roof Live load Minimum live load
No. measured on plan measured on plan
1. Flat, sloping or curved
70
Roof with slopes upto
And including 10
Degrees.
(a) Access provided 150 Kg/m2 375Kg. Uniformly
distributed over any
span of one meter
width of the roof slap
900 Kg. Uniformly
distributed over the
span in the case of
all beams.
(b)Access not provided 75 Kg/m2 190 Kg. Uniformly
except for maintenance distributed over any
span of one meter
width of the roof slap
and 450 Kg. Uniformly
distributed over
the span in the case
of beams.
2. Sloping roof with slope (a)For room membrane Subject to a mini-
greater than 10 degrees sheets or purlins 75Kg./m2 mum of 40 Kg/m2.
,less 2 Kg/m2 for every
degree increase in slope over
10 degree.
(b)For membrane supporting
the roof membrane and roof
purlins, such as trusses beams
gerders etc.2/3 of load in(a).
(c)Load in (a) and (b) do not
include loads due to snow,
rain, dust collection, etc. and
effects of such loads shall be
appropriately considered.
3. Curved roofs with (75-345(2) Kg/m2 where subject to a
slope at spring greater minimum or
than 10 degrees. 40 Kg/m2.
71
H=The height or highest point
Of the structure measured from
Its springing; and
L=Chord with of the roof if singly
Curved and shorter of the two
Sides, if doubly curved.
-----------------------------------------------------------------------------------------------
Note: For special type of roofs with highly permeable and absorbent material, the
contingency of the roof material increasing in weight due to absorption of moisture
shall be provided for.
(b) LIVE LOAD ON FLOORS
----------------------------------------------------------------------------------------------------------
S.No Leading Type of floors Minimum live Alternative
. Class No loads in kg/m2 Minimum live
Floor/area load
-------------------------------------------------------------------------------------------------------
1 200 Floor in dwelling houses 200
tenements, hospital wards,
bed rooms and private sitting
rooms in hostel and dormitories
2 250 Office floors than entrance 250-400 Note:
halls, floors of light workrooms * Lower value
of 250kg should be
taken where separate
storage facilities are
provided and the
higher value of 400
kg/m2 should be
taken where such
provision are lacking.
3 300 Floor of banking halls, office 300 Subject to a
entrance hall and reading room minimum total load of
2.5 times the value of
column 4 for any
given slab panel and 6
times the value in
column 4 or any given
72
beam.
4 400 Shop floor used for the display 400 This total load
sale or merchandise; of work room shall be
generally floor of class rooms in assumed
schools, floors or places of uniformly
assembly with fixed seating, distributed on
restaurants, circulation space in the entire are
machinery halls, power station, where of the slab
not occupied by plant or equivalent. Panel or the entire
length of the beam
5 500 Floor of warehouses, workshops, 500
factories, and other buildings or
parts of buildings of similar category
for light weight loads, office floors
for storage and filling purposes;
floors of places of assembly without
fixed seating, public rooms in hotels
dance halls, waiting etc.
6 750 Floors of warehouses, workshops 750
factories and other buildings or part
of buildings of similar category for
medium weight loads.
7 1000 Floors of warehouses, workshops 1000
factories and other buildings or part
of buildings of similar category for
heavy weight loads, floors of books
store a and libraries roots and payment
lights over basements projecting
under the public footpath
8 Garegelight Floors used for garages for vehicles
not exceeding 2.5 tonnes gross weight.
Slabs 400 or The worst
combination
of actual
where load
whichever is
73
greater
Beams 250 The worst
combination
of actual
where load
whichever is
greater
9 Garage Floors used for garages for vehicles 750 Subject to
heavy not exceeding 4 tonnes gross weight the
minimum of
one and half
times
maximum
wheel load but
not les than
900 kg.
Considered to
be distributed
over 75
centimetre
square.
10 Stairs (i) Stairs landings and corridors for 300 Subject to a
class 200 loading but not liable to minimum of
over crowding. 130 kg.
Concentrated
load at the
unsupported
end of each
step forstairs
constructed
out of
structurally
independent
cantilever
steps.
(ii) Stairs landings and corridors for 500
74
class 200 loading but liable to over
crowding and for all other class.
11 Balcony (a) Balconies not liable to over crowding
(i) For class 200 loading 200
(ii) For all other classes 500
(b) Balconies liable to over crowding 500.
Note 1: A reference to a “floor” includes a reference to any part of that floor and a
reference to ‘slabs’ includes boarding and beams or ribs paced not further apart
than one mete between centres, and a reference to ‘beams’ means all other beams
and ribs.
Note 2: Under loading class No.250 the reference to ‘light’ workrooms envisages rooms
in which some light machines(for example sewing machines used by milliners or
tailors) are operated without a central power driven unit, that is, machines are
independently operated, either by hand or by small motors, under loading class
No 400, the reference to ‘workrooms’ generally envisages the installation of
machines operated with a central power driven unit, with the individual machines
being belt driven.
Note 3: ‘Fixed seating’ implies that the removal of the seating and the use of the space for
other purpose is improbable. The maximum likely load in this case is, therefore,
closely controlled.
Note 4: The loading in workshops/ warehouses and factories varies considerably and so
three loadings under the terms ‘light medium’ and ‘heavy’ are introduced in order
to allow for more economical design but the terms have no special meaning in
themselves other than the live load for which the relevant floor is designed. It is
however, important particular in the case of heavy weight loads, to assess the
actual loads, to ensure that they are not in excess of 1,000 kg/m2 in cases where
they are in excess, the design shall be based on the actual loading.
Note 5: The load classification for stairs, corridors, balconies and landings provide for the
fact that these often serve several occupancies and are used for transport the
furniture and goods.
(c) Floor : All floors of every building including floor of kitchen, bath room,
latrine, urinals shall be damp proof and rot proof and shall be
constructed of materials so treated as to protect it from white ants,
dry rot, wet rot as per Indian Standard Institutions specification or as
per Punjab Public Works Department specification, 1963, Edition
adopted by the Haryana Corporation as amended from time to time.
75
97. WALLS :
(1) No wall shall be constructed of easily inflammable materials. For the purpose of
this sub rule easily inflammable material will not include teak, sal, shisham,
deodar, kail or other wood as per Indian Standard Institution specification for
such work.
(2) No masonry wall other than party wall shall be built in clay mortar to a greater
height than one store and such wall shall be plastered or pointed so as to render it
impermeable and amp proof. The minimum thickness of such a wall shall in no
case be less than 20 centimeters.
98. Where walls of buildings are constructed of bricks, stones blocks or of other hard and
incombustible material laid on horizontal beds of courses, every wall or part of a wall
shall be so designed and constructed as to be capable of safely sustaining and transmitting
dead loading and the superimposed loading to which it may be subjected, calculated in
accordance with Schedule II appended to these rules so far as it is applicable and the
horizontal and inclined forced to which it may be subjected without undue settlement or
deflection and without exceeding the intensity of pressure on the materials as given here
under:-
Maximum permissible uniformly distributed compressive stresses on walls with slenderness ratio
of unity.
Cement Lime Sand Maximum stress in kg/ square centimeter corresponding to
bricks or crushing strength in kg/ square centimeters
35 70 105
1 3 3.5 7.0 10.5
1 4 3.5 7.0 10.0
1 1 6 3.5 7.0 10.0
1 2 9 3.5 5.5 8.5
1 6 3.5 5.5 8.5
1 6 6 3.5 5.5 8.5
1 3 12 2.5 5.0 7.0
1 2 2.5 5.0 7.0
1 1.5 2.5 4.0 5.5
Burnt bricks in mud motars 3
Coursed rubble masonary( other than ashler) 10
In cement mortar (1:4)
Coursed rubble masonary( other than ashler) 5
In cement mortar (1:2) or cement mortar 1:6
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Random rubble masonary in cement mortar 1:4 9.0
Random rubble masonary in line morter 1:2 4.5
Or cement mortar 1:6
Ashler masonary in cement mortar
1:3 with 1:3:6 mass concrete backing 13.0
Ashler masonary in cement in line mortar 6.5
1:2 or cement mortar 1:6 with 1:4:8 mass
concrete backing.
Explanation: -
Average crushing strength of individual burnt bricks when determined by standard test approved
by the Public works department should not be less than 105kg/square centimeter. Allowable
stress can be increased by 20 percent in the case of local loading.
For occasional loads such as wind and earthquakes the allowable stress can be increased by 33
per cent.
When sheering or tensile occurs the permissible stress to be taken as one tenth of the maximum
pressure figures given below.
99. Slenderness ratio shall not exceed 12 and reduction in the permissible pressure figure
given for slenderness ratio exceeding six shall be carried on according to the table given
below:-
Slenderness
Ratio
Reduction in maximum permissible pressure due to slenderness ratio
exceeding six
7 10%
8 20%
9 30%
10 40%
11 50%
12 60%
Explanation: -
Slenderness ration on any storey height of a wall or a pier is the ratio of the effective storey
height to the thickness of the wall. The effective height of the walls and piers shall be taken as:-
1. For walls with no lateral support at top 1 ½ actual storey height
2. For walls with lateral support at top ¾ actual storey height
3. Piers with no lateral support at top 2 actual storey height
4. Piers with lateral support at top Actual storey height
For stiffened structures the slenderness ratio shall be calculated as per
specification No. 11.15 of the Punjab PWD specification, 1963 edition.
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100. Where any wall or any part of a wall is constructed as hollow wall
a. The cavity between the inner and outer parts of the wall shall throughout be of
width not less than 5 cm and not exceeding 10 cm.
b. The inner and outer parts of the wall shall be securely tied together with suitable
bonding ties of adequate strength, galvanized iron or other suitable material tarred
and sanded before use or other suitable materials, the ties being placed at distance
a part not exceeding 1 meters horizontally and 0.5 meter vertically. The clamps in
successive courses shall break joints.
c. The inner and the outer part of wall shall each be not less than 10 centimeters
thick throughout, except that in a wall exceeding 6 meters in height a proper
structural design shall be submitted.
d. The cavity may be reckoned as part of the thickness prescribed for walls by these
rules where such thickness does not exceed 20 centimeters but shall not be so
reckoned where such thickness exceeds 20 centimeters. All external cavity walls
shall be ventilated and drained properly. The normal rule in that combined
thickness of the walls (excluding cavity) should be equal to the thick ness
demanded for any solid wall with the given conditions for height and length. If
the internal wall is half brick thick, it shall be laid in cement sand mortar 1:4 and
reinforced with hoop iron as the outer wall.
101. ROOF :
(1) Every roof shall be weather proof and fire resistant and in no case shall be built
of mat, sirki, cloth, grass or thatch of any other easily inflammable materials and
it shall be structurally safe against dead and live loads as prescribed in rule 43 and
prevailing wind pressure.
(2) Subject to above provision, every roof shall be of any material and specification
as prescribed in chapter 13 of the Punjab Public Works Departments
specifications, 1963 edition and applicable to Haryana as amended from time to
time.
102. CHIMNEYS AND FIRE PLACES (1) Provisions of this rule shall not apply to the
erection or re-erection of chimney shafts for the furnaces in commercial or industrial
buildings, the design of which shall be specially approved by the Commissioner but they
shall apply to the erection or re erection of chimney shaft’s for open fires and small
domestic boilers.
Explanation: -
(1) Small domestic boilers shall mean boilers, which do not require exceeding 500 square
centimeters in area.
(2) Every chimney shall be constructed of brunt brick, concrete bricks or of any other good,
hard and incombustible material properly and solidly put together.
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(3) Every chimney when it is built against or forms a part of a wall and extent to or below the
surface of the ground shall be built on solid foundation which shall comply with the
requirement of the rules relating to the foundation s of structural walls it shall have a
dump proof course at the top and if the wall which it is built requires to be provided with
a damp proof course at the bottom. The chimney shall be provided with the same. Also it
shall be properly bonded or otherwise securely tied with the wall with which it is built.
(4) Floors beneath and around every fire place shall be of concrete or similar fire proof
materials and shall project suitably.
(5) The jamb of a fire place opening shall be at least 20 cm in width and the back of chimney
opening in a party wall are not back to back. The required 20 cm of solid wall at back of
the fire place shall be carried up to the floor of the room above.
In an external or internal wall the back of the opening and all sided of the flues shall be at
least 10 cm thick.
(6) Every fire place shall have a flue giving a brick opening of not less than 20 centimeters or
not less than 75 square centimeters if a pipe is used; provided that in case of re-inforced
cement concrete construction, the flue shall not be less than 20 centimeters * 10
centimeters.
(7) The inside of every chimney flue shall be properly rendered or paragetted so that flue is
carried upward unless the whole flue is built with fire brick or fire proof piping or fire
clay or at least 2 centimeters in thickness in which case the spandrel angles shall be filled
in solid with brick work or other incombustible materials.
(8) In any wall no timber shall be place nearer than 20 cm to the inside of the flues or
chimney opening except that wooden plugs in any wall or chimney breast can be driven
nearer than 15 m to the inside of nay flue or chimney opening. Under any chimney
opening no timber shall be within 40 cm from the upper surface of the hearth.
(9) Chimney stack or smoke flues shall be carried up to a height not less than 1 metre and not
more than six times the least width of the chimney above the adjoining roof and shall be
built at least 10 cm thick excepting when pipe is used. The maximum height for any stake
may be exceeded if it a adequately secured against over burning.
(10) Height of chimney stack may be reduce to 45 cm when there of is made up fire resisting
materials. The top six courses off all stacks shall be built in cement mortar.
(11) No pipe for the purpose of conveying smoke or other products of combustion shall be
allowed to project through the wall externally. Else where such pipes may be of mild
steel thick or of cast iron complying with the Indian standard Institution specification, or
if sheet metal for domestic cooking ranges only and shall be fixed at a distance of at least
20 cm from any combustible substances.
Part XII
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Drainage and Sanitary Installation
[UNDER SECTION 349 AND 392 (D)]
103. (1) No person shall carry out any waterborne sanitary and notice for drainage
installation or carry out any works connected there with within any building or
site without the previous permission of the Commissioner.
(2) Every person who intends to carry out these works shall apply for permission as
laid down in rule 46.
104. Execution of all works for the laying out of any drainage system or for the carrying out of
water borne sanitary installations shall be done through a licensed plumber duly
registered with the Municipal Corporation.
105. Before undertaking the installation of water borne sanitary system in any building an
adequate, constant and reliable water supply to the premises shall be ensured to the
satisfaction of the Commissioner.
106. All sanitary fittings, drainage, pipes including soil and was pipes and other articles used
in the execution of these works shall be as per standard and specification laid down by
the Municipal Corporation from time to time if there are no standard specification laid
down for such article by the Indian standard institution.
107. All drainage system including joints shall be air, smoke and water tight and shall be
capable of resisting a pressure of at least 1.5 meter head of water.
108. The net work of foul water drainage and the net work of the waste water drainage shall be
design according to requirement of the National Building code.
109. Every drain including a pipe draining into any other drain or a pipe sewer shall join the
later obliquely in the direction of the flow of later.
110. (1) Dwelling with individual convenience shall have at least the following fitments.
a. One bath room provided with a tip ;
b. One water closet ; and
c. One nahani or sink either in the floor or raised from the floor.
Where only one water closet is provided in a dwelling the bath and water closet shall be
separately provided.
(2) Dwelling (tenements) without individual conveniences shall have the following
fitments: -
a. One water tap with draining arrangements in each tenement;
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b. One water closet and one bath for every two tenements; and
c. Water tap in common bath room and common water closet.
(3) The requirements for fitments for drainage and sanitation in the case of building
other than residences such as office buildings, factories, cinemas, concert halls, the atres,
hospitals, hotels, restaurants, school and hostels shall be in accordance with table nos. 1
to 11 appended to these rules.
111. Water Closet ;-
(1) Every water closet pan shall have an efficient siphon trap with a minimum water seal
of 75 millimeters beneath so that sufficient water seal between the pan and any
drain or soil pipe is maintained.
(2) No part of water closet apparatus shall be directly connected with water supply
distribution pipe for flushing and cleaning of the pan, special closet cistern with
suitable ball cock and of not less than 12 liters capacity shall be provided.
(3) The capacity of every reserve tank shall be at the scale of 270 litres per water
closet connected to the taken and 180 liters for each additional seat in the same
premises.
(4) No self acting or automatic flushing apparatus shall be constructed or fixed except
with prior permission of the Commissioner.
(5) Where the water closet discharges into a soil pipe which also receives the
discharge from another water closet the trap of the water closet shall be ventilated
by a pipe, which shall : -
a) have an internal diameter of not less than 55 milimeter ;
b) be connected with the arm of the soil pipe at a point not less than 7.5
centimeter and not more than 30 centimeter from the highest par to the
trap, on that side of water seal which is nearer to the soil pipe and in the
direction of flow ; and
c) either have an open and as high as the top of the soil pipe or be carried
into a soil pipe at a point not less than 2.0 meter above the highest
connection to the soil pipe.
112. A urinal connected with a building which has a supply of water laid on shall comply with
the following requirements namely: -
i. the urinal shall be provide with a basin, stall, through or other receptacle of
nonabsorbent material;
ii. the outlet from the receptacle shall be provided with an efficient grating.
iii. the urinal shall be provide with suitable apparatus for effectually flushing and
cleaning the receptacle.
iv. no part of the urinal apparatus, other than the flushing apparatus shall be
directly connected with a supply or distributing pipe;
v. if the urinal can be entered from within the building, and is constructed to
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discharge into a waste pipe which also receives the discharge from another
urinal, or from a water closet, bath, sink, bidet or lavatory basin, the trap of
urinal shall be ventilated by a pipe which shall: -
a) be of an internal diameter not less than that of the trap or 50
millimeter which is less;
b) be connected with the waste pipe from the urinal at a point not less
than 7.5 cm and not more than 30 cm from the highest part of the
trap, on that side of the water seal which is nearer to the waste
pipe; and
c) either have an open end as high as the top of the waste pipe or be
carried into a waste pipe at a point not less than 1.0 meter above
the highest connection to the waste pipe.
113. DRAINS : (1) Every drain shall: -
(a) be of suitable size, and if it is intended for the conveyance of foul water
shall have an internal diameter of not less than 100 millimeter;
(b) be laid with a suitable fall and where practicable in a direct line. The
standard gradient shall be 1 in 40 for a 100 millimeter drain and 1 in 60 for
150 millimeter drain. The maximum and minimum gradient shall
respectively be 1 in 20 and 1 in 80 for a 100 millimeter drain and 1 in 40
and 1 in 140 respectively for 150 millimeter drain.
(2) (a) A drain shall not be constructed so as to be within or under any building,
except in a case where any other situation is impracticable.
(b) Where a drain or part thereof is constructed within or under a building,
such drain or such part thereof shall be laid or fixed in a direct line, where
practicable and be provided with adequate mean of access.
(c) Such drains within the built area shall be either Hard cast iron pipes or
shall be encased with 15cm of cement concrete of M.15 all round if any
other pipe is used.
(3) Where any drain is laid under a wall, it shall be protected at that part which is
under the wall by means of a relieving arch, flage stone iron or any other support
which shall not bear on the drain and shall be of sufficient size and strength to
prevent any disturbance or other injury to such drain.
(4) A drain shall not be constructed in such a manner that there shall be within a
building any inlet to such drain except such inlet as may be necessary from any
sanitary fitting or nay sanitary installation connected directly to such drain.
(5) Every inlet other than a ventilating pipe to such drain shall be properly trapped by
suitable and efficient trap, and such trap shall be formed and fixed so as to be
capable of maintaining a water seal of: -
a) 5 cm where such inlet has an internal diameter of less than 80 millimeters.
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b) 7.5 cm where such inlet has an internal diameter of more than 80
millimeters.
c) Every trapped gully shall be covered with a grating the bars of which shall
be no more than 10 millimeter apart.
114. VENTILATION OF DRAINS : The drains intended for conveying foul water from a
buildings shall be provided with at least one ventilation pipe situated as near as
practicable to the building and far as practicable from the point at which the drain entries
into the sewer or other means of disposal;
Provided that a soil pipe from a water closet, a waste pipe from a slop, sink constructed in
accordance with these rules may serve as the ventilating pipe of the drain, if its situation
is in accordance with these rules.
115. MANHOLES : A manhole shall be provided at every point at which the draining
changes either its direction or gradient and otherwise at intervals note exceeding 30
meters. A manhole shall be of such a size as to allow access to the drain for rodding and
shall be provided with proper cover in flush with ground surface. The cover shall be as
par Indian standard Institution specification and properly fitted.
116. SOIL PIPE A soil pipe or a soil ventilation pipe shall be: -
i.. easily accessible throughout its course and adequately protected
where necessary from damage;
ii.. of an internal diameter of not less than 100 millimeter ;
iii.. circular;
iv.. carried upwards to such a height and in such a manner so as to prevent
any nuisance or injury of damages to health assigning from the
omission of foul air from such pipe, the minimum height being 60
centimeter from the rooftop of inaccessible and 1.80 meters in case
the roof is accessible.
v.. fitted at the open end with a suitable grating or cover admitting the
free passage of air.
117. SEPARATION OF SOIL PIPE FROM RAIN WATER PIPE - No soil pipe or
ventilating pipe shall be connected with any rain water pipe.
118. PROVISION OF TRAPS : There shall be 10 (?) traps in any soil or ventilating pipes
not between any other pipe and drain to which it is connected, but every sanitary fitting
connected to a soil pipe, ventilating pipe or drain shall be provided with a trap.
119. WASTE WATER PIPE : A waste water pipe from a bath, sink(not being a slop sink)
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bidet or lavatory basin and pipe for carrying of dirty water shall: -
i.. discharge so as not to cause dampness in wall or foundation of
a building;
ii.. if it discharges in to a drain it shall be disconnected from the
drain by a trapped gully with a suitable grating above the level
of water in the trap;
iii.. if it is more than 1.80 metres in length, be provided with a
suitable trap.
Note: If single stack system is used than the above will be suitably modified according to the
National Building Code, in case of rule and 57 and 68.
120. OVERFLOW PIPE : An over flow pipe from a water cistern shall discharge in an
exposed and conspicuous position so as not to cause dampness on any part of building.
121. Wherever possible, no down pipes, soil pipes and ventilating pipes shall be exposed on
any external wall of a building and shall be placed in a recess or chase/or a duct.
122. Every water born drainage system shall be connected with the public sewer but in case no
public sewer exists in the vicinity of the said premises the drainage system may as a
temporary measure and subject to the previous written approval of the Commissioner be
connected to a septic tank in his premises from which the effluent shall be drained off:-
a) into absorption pits; or
b) by sub-soil irrigation drain;
Provided that no absorption pit shall be allowed in the case of any premises or area in
which domestic supply is taken from sub soil water;
Provided further that if at any future period a public sewer is constructed which can serve
the premises, the owner shall at his own expense cause the said drainage system to be
connected to the sewer.
123. SEPTIC TANK :
(1) No septic tank shall be located :-
a. at a distance of less than 10 meter from a dwelling house or any other building
used for human habitation or 25 meter from building used for work or
recreation.
b. within a public through fare;
c. within 60 metres from any percolation well, water course or stream used or
likely to be used for drinking or domestic purpose or for manufacture or
preparation of any articles of food or drink for human consumption and it
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shall be readily accessible so as to permit cleaning operation being carried out
without interference with the operation of any water borne sanitary installation
as a whole.
(2) Every septic tank intended to serve a population of 24 or more person shall be
constructed into two separate compartments so that one compartment when
required can be put out of use for cleaning purposes. The capacity of every
compartment of the septic tank shall be 2 ½ times the total water supply
allowances for the total number of resident of the building.
(3) Every inlet pipe into a septic tank shall be effectively trapped.
124. ABSORPTION PIT :
(1) In the matter of location, every absorption pit shall conform to some restrictions
as are laid down for a septic tank in rule 77.
(2) No absorption pit shall have any outlet into a means of communication with any
sewer, storm water drain and surface drain.
(3) The walls of every absorption pit shall be at least 0.5 meter above ground level so
as to exclude effectively the entry of storm water or irrigation water into the
absorption pit.
(4) The absorption pits shall be constructed in duplicate so that one pit can be put out
of use for cleaning purposes. The capacity of the absorption pit shall be as
approved by the Commissioner.
125. (1) No Sub-soil irrigation work for disposal of effluent from a septic tank, shall be
laid out within a premises till a suitable area of open land, the situation and extent
and sub soil of which is previously approved by the Commissioner, is set apart
within the premises to be used as a farm or a garden.
(2) The area set apart shall be one hectare for every 25,000 litters of effluent per day.
(3) No part of any area reserved for sub soil irrigation, shall be within a distance of
25 meters from the nearest point of any dwelling house or any other building used
for human habitation or for work or for recreation.
(4) No such works shall be laid out within a distance of 75 meters from any
percolation well, tube well or water course or stream used or likely to be used for
drinking or domestic purposes or for the manufacture or preparation of any
articles of food or drink for human consumption.
126. No connection to any public sewer shall be made nor any sanitary and drainage
installations intended to be connected through this connection, shall be brought to used
until a certificate after completion of these works has been applied for by the applicant to
the Commissioner and a certificate has been issued by the later to the effect that the
sanitary installations and drainage have been satisfactorily completed in compliance with
85
these rules. If no decision is communicated on the application for a certificate within 30
days of the receipt of the application, the certificate shall be deemed to have been
granted.
127. APPLICATION FOR CONNECTION WITH PUBLIC SEWER :
(1) After the grant of a certificate referred to in the foregoing rule or in the event of
the said certificate having been deemed to have been granted, every person
intending to connect a drain to a public sewer shall apply to the Commissioner at
least seven ways before the date on which connection is required.
(2) The application shall be accompanied by a certificate referred to in rule 80 and
such amount as may be laid down from time to time by the Commissioner and
calculated on the basis of the current schedule of rate to meet the cost of the
proposed connection.
(3) On receipt of the application and subject to the requirement of the foregoing rules,
the Commissioner shall sanction or reject the request.
(4) In the event of the required connection having been sanctioned, it shall be made
only through an officer authorized by the Commissioner.
128. SEWER CONNECTION :
(1) Every drain discharging into a public sewer shall join the later obliquely in the
direction of the flow of later.
(2) If practicable, the connection shall be made at an existing junction in the sewer
and if this is not possible there shall be an intercepting manhole before the
connection.
129. DRAINAGE OF ROOF : The roof of every building shall drain into gutters, spouts or
though and shall be carried down through adequate number of down pipes without
causing dampness in any part of the wall or foundation of the building or nay adjacent
building. Provided that in the case of detached or semi detached building not exceeding
one storey, in height , rain water, pipe, khasi or exposed parnalas may be provided for so
long these do not discharge into any public roadway, footpath or on private land of
adjoining owner.
130. A down pipe of minimum area of 75 sq.cm shall be provided for every sq. meter of the
flat roof area (slope of roof being 1:48) or for every 100 sq. meter of slopping roof
area(sloop roof exceeding 1:48)
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131. STORM WATER PIPE : The run-off from the roof, paved area (but excluding paved
court yard) and overflow, if any from the site, shall not be drained into the underground
sewer system rather the rainwater shall be drained into the rainwater harvesting system.
132. INSPECTION CHAMBER : Every person by or for whom any water home sanitary
installation or drainage installation or any work in connection there with is carried out for
any existing or new building or any other premises, shall at all reasonable times afford
the Commissioner or nay other office/official duly authorised by him free access to such
water borne sanitary installations or drainage installation or work in connection there
with for the purpose of inspection.
133. Any case in which a minor alteration of a water borne sanitary installation or drainage
installation must be carried out at once, every person who is about to carry out such
alteration shall, in lieu of depositing the plans, sections, and particulars referred to in the
foregoing rules, forth with inform the Commissioner in writing of such proposed
alternations, provided these alteration are in conformity with these rules. He shall also
within fourteen days of the commencement of such alteration make the deposits required
by these rules.
134. All work required to be done for the installation or repair of sanitary fittings shall be
entrusted to liceced plumber duly registered with the Municipal Corporation.
PART XIII
MISCELLANEOUS
COMPOSITION OF UNAUTHORISED CONSTRUCTIONS,
( SECTION 347)
135. The Commissioner shall order for composition of unauthorized constructions raised
by the owner in violation of sanctioned building plan or otherwise , by imposing
composition charges on the rates mentioned below or as approved by the Govt. from
time to time :-
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(A) FOR RESIDENTIAL, COMMUNITY BUILDINGS, INSTITUTIONAL
(PLOTTED/ GROUP HOUSING COLONIES) FARM HOUSE,
INDUSTRIAL (CHANGE OF LAND USE CASES)
Sr. No. Description of violation Proposed composition rate
1. BUILDING WITHOUT PLAN
a Construction raised without
getting plan sanctioned and the
construction so made conform to
the building bye laws/ zoning.
Rs. 20/- per sft for Residential
(plotted) Rs. 40/- per sft for group
housing and Rs 10/- per sft for
industrial.
b Raising of sanction able
construction after major changes
in the approved design without
getting the revised/ superceded
plan approved
Rs. 10/- per sft
c. No construction raised with in the
validity period and not getting the
building plans revalidated
Revalidation Fee for a block of
2/5 years as per Rules.
d Under construction but not getting
the building plans revalidated
Reval9idation fee as per (c) above
plus Rs 2/- per sft block year as
above of the constructed portion.
Note : Construction up to DPC or above shall be treated as covered area.
2. DPC
a For not taking D.P.C. Certificate
and, construction as per approved
plan
0-50 per sft of the ground
coverage in individual plots and
Rs. 1.00 per sft of the ground
coverage for Group Housing
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b For changing D.P.C. after taking
DPC certificate
I Revised D.P.C conforms to
building bye laws/ zoning
0-10 per sft of the ground
coverage in individual plots and
Rs. 0.20 per sft of the ground
coverage for Group Housing.
II Revised D.P.C. not as per the
provisions of approved zoning
plan
Rs. 1.00 per sft, of the ground
coverage however subject to the
restriction laid down in item No
3(c) plus Rs. 0.10 per sft for the
blance sanction able portion.
3 EXCESS COVERED AREA
a Plan sanctioned but sanct5ion able
construction added during the
course of construction
Rs. 10/- per sft of the additional
sanction able construction
b Excess covered area beyond
permissible limits but within
zoning
To be compounded upto a
maximum of 5% of permissible
covered area Upto 2%@ Rs. 200/-
per sft and beyond 2% @ Rs 400/-
per sqft
c Extra covered area beyond zoning
line
Violation upto a maximum limit
of 5% of set back line to be
compounded @ Rs 800/- per sft
(this will be over and above the
fee of excess coverage)
d Covered area beyond zoning line
but within permissible limits.
subject to variation as proposed in
3 (c) above Rs 800/- per sft
4 CANTILEVER/ PROJECTION
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a Sanction able cantilever projection
but not shown in the sanctioned
building plan
Rs. 10/- per sft
b Non sanction able cantilever
projection beyond 1.8 meter/ 1
meter within zoning line
Rs 40/- per sqft
c Non sanction able cantilever
projection outside zoning line at
roof level
Violation upto a maximum limit
of 5% of the set back line @ Rs.
200/- per sft
d Non sanction able cantilever
projection at door level meant
level meant purely for protection
from sun and rain
Violation upto a maximum limit
of 5% of the set back line @ Rs
200/- per sft
e Extra projected area upto 1.8
meter within building line but non
sanction able
Violation up to 5% to be
compounded @ Rs 200/- sft
f Projection below door level Not to be compounded
5 PROJECTION ON GOVERNMENT LAND
a 12 at door/ window level Rs 1000/- per layer
b At roof level Not to be compounded
6 HEIGHT OF BUILDING
a Increase in height excluding parapet beyond permissible limits :
I Upto 6” Nil
II Above 6” to 1 ft Rs 2000/-
III Above 1’ 0” Not compoundable
Note : The above deviation can only be compounded if the same lies with in the clearance
given by NAAI.
7 HEIGHT OF BOUNDARY WALL AND TYPE OF GATE
a Change in size/ design/ position of Rs. 1000/- per each violation
90
gate within permissible zone subject to variation up to 10 % in
size
b Sanction able wicket gate
provided but not shown in the
approved building plan
Rs, 200/-
c Variation in the height of
boundary wall
Variation up to 10% to be
compounded @ Rs.1000/-
d Un authorized construction of the
Boundary wall
Rs 10/- per running feet
8 LIGHT AND VENTILATION
a Non provision of exhaust fan/ flue
in the kitchen
Rs 200/-
b General light and ventilation
including toilets
Rs. 100/- per sft for the variation
up to 10%
9 CONVERSION FROM ONE UNIT TO ANOTHER UNIT AND OTHER
MINOR CHANGES
a Store converted into kitchen
provide it meets with the
provisions of Rules
Rs 1500/-
b Cup Board/ bay window provided
within zoning line
Should be counted towards
covered area subject to limitation
prescribed in 3(b)
c Flat/ toilet/ dress/ kitchen/ store
clubbed or merge. Provided the
revised sizes meet with light &
ventilation norms
Rs. 250/- each
d Cub board/ bay window provided
out side the zoning line
Should be counted towards
covered area subject to the
91
limitation prescribed in 3(c)
e Other internal changes Rs 5/- per sft
f Position change in the Door/
Window
Rs. 100/- each
10 STAIR CASE
a Steps provide outside the zoning
line for providing access to
habitable area
May be compounded subject to
the limit prescribed in 3(c) and to
be taken as
covered area
b Riser & tread not as per rules Variation upto 10% is
compoundable @ Rs 100/- per
step
c Provision of winder steps at
landings only
Rs. 200/- each
e WC provided under the stair case
but does not satisfy minimum
permissible standard
Variation upto 10% w.r.t. size and
light & ventilation norms is
compoundable @ Rs 100/- sft
f Variation in Head Room Up to 3” is compoundable @ Rs
500/- per stair case per floor.
Note : In public Building and Group Housing no stair winders will be allowed
11 MEZZANINE FLOOR
a Height of mezzanine floor reduced Variation upto 5% is
compoundable @ Rs 250/- sqft
12 WATER TANK AND STORM WATER DRAIN
a Underground water tank provided
in the rear court yard
To be ignored
b Rain water pipe not provided Rs. 2000/- each
13 UNAUTHORIZED OCCUPATION
a 2 - 4 marla category Rs. 10/- per sft
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b 6 - 10 marla category -- do --
c 10 marla and above -- do --
d Group Housing Rs 10/- per sft of the dwelling unit
area
14 VENTILATING SHAFT
a Area of shaft is less than the
permissible
Variation upto 10% may be
compounded @ Rs. 800/- per sft
b Shaft covered at 7’-0” Ht To be ignored provided light and
ventilation parameters are being
met with
c Shaft omitted Not compoundable
15 HEIGHT AND SIZE OF HABITABLE AND OTHER ROOMS
a Variations in Height and size of
habitable and other rooms
Variation in height upto 3” and
5% of the permissible areas may
be compounded @ Rs. 500/- each
16 MISCELLANEOUS VIOLATIONS IN THE LICENSED COLONIES
a Construction of roads and parking
area etc by the coloniser without
approval of the layout plan from
the Director
@ Rs 10/- per sft of the mettled
portion
b Unauthorized excavation @ Rs 5/- per cft of the excavated
area
c Loft over door Rs 100/- per loft
d Change in elevation Rs. 10,000/- per block elevation
only for Group Housing and other
institutional buildings
e Basement Any deviation in the uses and the
area allocated for various uses in
the sanctioned plan is non
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compoundable
f Corridor / passage The reduced width of Corridor
shall not be permitted and it will
be treated as non-compoundable
offence.
g Parking Parking violations regarding
reduction of number of cars are
uncompoundable. However
variation in width/ slope of ramp
leading to parking/ basement up to
maximum limit of 5% to be
compounded at the rate of Rs
10,000/- per Ramp/ Entry.
.
(B) FOR COMMERCIAL SITES IN LICENSED COLONIES AND CLU
Sr. No. Description of violation Proposed composition rates of
Deptt
1. BUILDING WITHOUT PLAN
a Construction raised without
getting any plan sanctioned and
the construction so made conform
to the building bye laws/ zoning
Rs 100/- per sft
b Raising of sanction able
construction after major changes
in the approved design without
getting the revised/ superceded
plan approved
40/- per sft
c No construction raised with in the
validity period and not getting the
building p0lans revalidated
Revalidation fee for a block of 2/5
year as per rules.
94
d Under construction but not getting
the building plans revalidated
Revalidation fee as per (c) above
plus Rs 5/- per aft per block year
as above of the constructed
portion
Note : Construction up to DPC or above shall be treated as covered area.
2 D.P.C
a For not taking DPC certificate
I Construction as per approved plan Rs 1.00 per sft of the ground
coverage
b For changing DPC after taking DPC certificate
I Revised DPC conforms to
building bye laws/ zoning
Rs 0.50 per sft.
II Revised DPC not as per building
bye laws/ zoning
Rs. 2.00 per sft, however subject
to the restriction laid down in item
No. 3(c) plus Rs 0.10 per sft for
the balance sanction able portion
3 EXCESS COVERED AREA
a Plan sectioned but sanction able
construction added during the
course of construction
Rs. 20 per sft
b Excess covered area beyond
permissible but within zoning
To be compounded up to
maximum of 5% up to 2% @ Rs
1000/- sft and between 2% to 5%
of @ Rs 4000/- sft
c Extra covered area beyond zoning
line
Violation upto a maximum limit
of 5% of set back line to be
compounded @ Rs 2000/- per sft
(this will be over and above the
fee of excess overage)
d Covered area beyond zoning line
but within permissible limits
Subject to variation as proposed in
3(c) above Rs 2000/- per sft.
4 CANTILEVER/ PROJECTION
a Sanction able cantilever projection
but not shown in the sanctioned
building plan
20/- per sft
95
b Non sanction able cantilever
projection beyond 1.8 meter / 1
meter within zoning line
400/- per SFT
c Non sanction able cantilever
projection outside zoning line at
roof level
Violation up to a maximum limit
of 5% of the setback line @ Rs.
600/- per sft
d Non sanction able cantilever
projection at door level meant
purely for protection from Sun
and rain
Violation upto a maximum limit
of 5% of the set back line @ Rs.
600/- per sft
e Extra projected area up to 1.8
meter within building line but non
sanction able
Violation upto 5% to be
compounded @ Rs 600/- per sft
f Projection below door level Not to be compounded
5 HEIGHT OF BUILDING
a Increase in height zoning
excluding parapet beyond
permissible limits
Upto 6” Nil
Above 6” to 1 ft 20,000/-
Above 1’ 0” Not compound able @ Rs 20/- sft
Note : the above deviation can only be compounded if the same lies with in the clearance given
by NAAL
6 HEIGHT OF BOUNDARY WALL AND TYPE OF GATE
a Change in size/ design/ position of gate
within permissible zone
Rs 5000/-per each violation
b Sanction able wicket gate provided but
not shown in approved building plan
Rs 2000/-
c Variation in the height of boundary wall Variation upto 10% to be compounded
@ Rs. 5000/-
d Unauthorized construction of the
Boundary wall
Rs 40/- running ft
7 LIGHT AND VENTILATION
a Non provision of exhaust fan/ flue in
the kitchen
Rs 2000/-
b General light and ventilation including
toilets
Variation upto 10% to be compounded
@ Rs 400/- per SFT
96
8 CONVERSION FROM ONE UNIT TO ANOTHER UNIT AND OTHER
MINOR CHANGES
a Store converted into kitchen provided it
meets with the provisions of Rules
Rs 5000/-
b Cup Board/ bay window provided within
zoning line
Should be counted towards covered area
subject to limitation prescribed in 3 (b)
c Bath/ toilet/ dress/ kitchen/ store clubbed
or merge. Provided the revised sizes meet
with light & ventilation norms
Rs -1000/- each
d Cub board/ bay window provided out side
the zoning line
Should be counted towards covered area
subject to the limitation prescribed in 3
(c)
e Other minor internal changes Rs. 20/- per sft
f Position change in the Door/ Window Rs 200/- each
9 STAIR CASE
a steps provided outside the zoning line for
providing access o habitable area
May be compounded subject to the l8mit
prescribed in 3 (c) and to be taken as
covered area
b Riser & tread not as per rules Variation upto 10 % is compoundable @
Rs 400/- per step
c Provision of winder steps at landings only Non compound able
d Width of stair case reduced from
minimum width prescribed under the
rules
Reduction only upto 3’ is compoundable
@ Rs. 10,000/- per staircase
e WC provided under the stair case but
does not satisfy minimum permissible
standard
Variation upto 10% w.r.t. size and light
& ventilation norms is compoundable @
Rs 400/- sft
f Variation in Head Room Upto 3” is compoundable @ Rs 5000/-
per stair case per floor
Note : Reduction in the numbers of stair/ lifts/ ramps as shown in the approved plan is a non
compoundable violation.
10 MEZZANINE FLOOR
a Height of mezzanine floor reduced Variation upto 5% is compoundable @
250/-
11 WATER TANK AND STORM WATER DRAIN
a Underground water tank provided in the
rear court yard
To be ignored provided it flushed with
ground
97
b Rain water pipe not provided Rs 2000/-
12 UNAUTHORIZED OCCUPATION Rs 50/- sft of the occupied area
13 VENTILATING SHAFT
a Area of shall is less than the permissible Non Compoundable
b Shaft covered at 7”-0” Ht Non Compoundable
c Shaft omitted Non Compoundable
14 HEIGHT AND SIDE OF SHOPS
OFFICES AND OTHER HABITABLE
USES
Non Compoundable
15 MISCELLANEOUS VIOLATIONS IN THE LICENSED COLONIES
a Construction of roads and parking areas
etc by the coloniser without approval of
the layout plan from the Director
@ Rs 10/- per cft of the excavated area
c Change in the Elevation per block Rs. 20000/- LS
d Basement Any deviation in the uses and the area
allocated for various uses in the
sanctioned plan is non compoundable.
e Corridor/ passage The reduced width of corridor shall not
be permitted and it will be treated as
non-compoundable offence
f Parking Parking violations regarding the
reduction of number of cars are
uncompoundablbe. However variation
in width and slope of ramp leading to
parking/ basement upto maximum limit
of 5% to be compounded at the rare of
Rs. 10000/- per Ramp/ Entry
g Loft over door Rs 200/-per loft.
(C) COMPOSITION RATES FOR THE VIOLATIONS/ UN-
AUTHORIZED CONSTRUCTIONS IN HUDA SECTORS
TRANSFERRED TO MUNICIPAL CORPORATION
Sr. No. Description of violation Proposed compounding rate
(in rupees)
98
1 BUILDING WITHOUT PLAN
a. Construction raised without getting any plan
sanctioned and the construction so made
conform to the building Bye-laws/ zoning
10/- per SFT
b Raising of sanctionable construction after major
changes in the approved design without getting
the revised/ superceded plan approved.
5/- per SFT
c Construction raised after expiry of the validity
of the approved plan.
2/- per SFT
2. D.P.C.
a For not taking D.P.C. certificate
i) Construction as per approved plan 0.50 per SFT
ii) Construction not as per approved plan but
revised D.P.C conforms to Building Bye
Laws/ zoning
0.50 per SFT
iii) Construction not as per building bye laws/
zoning
1.00 per SFT zoning violation
to be compounded subject to
the restriction as laid down in
item No. 3(c)
b For changing D.P.C. after taking D.P.C.
certificate
i) Revised D.P.C. conforms to Building bye-
laws zoning
0.10 per SFT
ii. Revised D.P.C. not as per building bye-laws/
zoning
1.00 per SFT for the zoning
violation subject to the
restriction as laid down in
item No. 3(c) plus Rs. 0.10
per SFT for the balance
sanctionable portion.
3 EXCESS COVERED AREA
a Excess sanctionable covered area without
getting the plan sanctioned.
5/- per SFT
99
b Excess covered area beyond permissible limit
but within zoning line
To be compounded upto a
maximum limit of 5% of
permissible covered area.
Upto 2% @ Rs 200/- per SFT
and beyond 2% Rs. 400 per
SFT
c Extra covered area beyond zoning line Violation upto a maximum
limit of 5% of set back line to
be compounded @ Rs. 800/-
per SFT (This will be over
and above the fee of excess
coverage).
d Extra covered area beyond zoning line but
within permissible limits
Subject to variation as
proposed in (c) above. Rs
800/- per SFT. However in
such cases compounding fee
as proposed in item no, (b)
above is not to be charged
4. CANTILEVER/ PROJECTION
a Sanctionable cantilever projection but not
shown in the sanctioned building plan.
10/- per SFT
b Non sanctionable cantilever projection beyond
1.8 meter/ 1 meter within zoning line.
100/- per SFT
c Non sanctionable cantilever projection outside
zoning line at roof level.
Violation upto a maximum
limit of 5% of the set back
line @ Rs 400/- per SFT
d Non sanctionable cantilever projection outside
zoning line at roof level
Violation upto a maximum
limit of 5% of the set back
line @ Rs 200/- per SFT
e Extra projected area upto 1.8 meter within
building line but non sanctionable.
Violation upto 5% to be
compounded @ Rs 400/- per
SFT
f Projection below door level Bon to be compounded
5. PROJECTION ON GOVERNMENT LAND
a 12” at door/ window level 1000/- per layer
b AT roof level Not to be compounded.
6. HEIGHT OF A BUILDING
100
a Increase in height zoning excluding parapet
i.) Upto 6” Nil
ii.) Above 6” to 1. Ft. 2000/-
iii.) Above1’0” Not compoundable
b In case of frame control no height variation be allowed
7. HEIGHT OF A BOUNDARY WALL AND TYPE OF GATE
a change in size/ design/ position of gate within
permissible zone.
500/- per each violation
b Sanctionable wicket gate provided but not
shown in the approved building wall
200/-
c Variation in the height of boundary wall Variation upto 10% be
compound @ Rs 500-
8. LIGHT AND VENTILATION
a Non provision of exhaust fan/ flue in the
kitchen.
200/-
b Size of permanent ventilation reduced Nil
c Permanent ventilation reduced Nil
d General Light and Ventilation Variation upto 10% to be
compounded @ Rs 100/- per
SFT
9 CONVERSION FROM ONE UNIT TO ANOTHER UNIT AND OTHER
MINOR CHANGES
a Store converted into kitchen. provided it meets
with light and ventilation norms.
1500/-
b Cub Board/ bay window provided within
zoning line
Should be counted towards
covered area subject to
limitation prescribed in 3
(b)
c Bath/ toilet/ Dress/ Kitchen/ Store clubbed or
mergered provided the revised sizes meet with
light & ventilation norms.
250/- each
d Cup Board/ bay window provided out side the
zoning line
Should be counted towards
covered area subject to the
limitation prescribed in 3(c).
10 STAIR CASE
101
a Steps provided out side the zoning line of
providing access to habitable area
May be compounded subject
to the limit prescribed in 3(c)
and to be taken as covered
area.
b Riser & Tread not as per rules variation upto 10% is
compounded @ Rs. 100/- per
step.
c Provision of winder steps at landings only 200/-each
e WC provided under the stair case but does not
satisfy minimum permissible standards
Variation upto 10% w.r.t. size
and light & ventilation norms
is compoundable @ Rs. 100/-
SFT
f Variations in Head Room Upto 3” in compoundable @
Rs. 500/- per stair case per
floor.
11 MEZZANINE FLOOR
a Height of mezzanine floor reduced Variation upto 5% is
compoundable @ Rs. 250/-
b Area of mezzanine is more than permissible
limit
Variation upto 10% is
compoundable @ prescribed
for excess covered area within
zoning line.
12 WATER TANK AND STORM WATER DRAIN
a Underground water tank provided in the rear
court yard.
Nil
b Rain water pipe not provided 600/- + Rs. 10 per month
13 UN-AUTHORIZED OCCUPATION
a 2 - 4 marla category
b 6 - 10 marla category 10/- per sft
c 10 marla and above
14 VENTILATING SHAFT
a area of shaft is less than the permissible Variation upto 10% may be
compounded @ Rs 800/- per
SFT
Shaft covered at 7’ - 0” Ht To be ignored provided light
and ventilation parameters are
being met with
c Shaft omitted Not compoundable
102
15 HEIGHT AND SIZE OF HABITABLE AND
OTHER ROOMS
Variation in height upto 3”
and 5% of the permissible
areas may be compounded
Rs. 500/- each
16 FRAME CONTROL VIOLATION IN 6 MARLA AND 10 MARLA HOUSES
(NEW)
a Excess coverage due to .46 Mt. pillar (10Marla) 800/- per SFT
b 0.69Mt., pillar omitted (10 Marla) (each) 1000/-
c Beam omission in frame control in frame
control (each)
Should be ignored
d Design of mamti changed in 6 marla houses
(each)
should be ignored
e Standard brick jail is not provided 1000/- each
f Sizes of windows are increased in front and rear
elevation
should be ignored
17 i PROJECTION IN OLD FRAME
CONTROL HOUSES OF 6 MARLA AND
10 MARLA SIZE
In frame control houses i.e. 6
marla and 10 marla, 1 Mtr
projection may be allowed in
rear and front upto 2/3rd width
of the plot @ Rs. 50/- pr SFT.
Beyond. 2/3rd width it should
not be compounded.
ii PROJECTION IN NEW FRAME
CONTROL HOUSES OF 10 MARLA SIZE
In case of 10 marla plots, a
cantilever art 8’ 3” height
upto 2/3rd width of the plot
may be compounded @ Rs.
50/- per SFT Depth of this
cantilever in the front will not
exceed 4’ 6” and 1 Mtr at the
rear. However, this cantilever
shall be kept free from both
the end pillory by minimum
1’6”.
18 UN-AUTHORIZED SEWERAGE
CONNECTION
Rs. 20000/-
INDUSTRIAL PLOTS
The compounding rate for the items common to residential and industrial plot shall be charted at
half the rates proposed for residential plots. For other minor violations following rates are
103
proposed :
1 R.C.C. slab is provided instead of roof trusses 2000/-
2. Size of gate i.e. G-2 and G-3 increased 2000/-
3 Size of Security room Variation upto 10% be compounded
@ Rs. 400/- per sq. ft.
4 Minor changes in front elevation in case of plots
where standard designs are applicable
1000/-
(D) COMPOSITION BASE FOR THE VIOLATIONS/UN-AUTHORIZED
CONSTRUCTIONS IN OLD MUNICIPAL LIMITS AND IN THE
AREAS UNDER UN-AUTHORIZED COLONIES REGULARIZED
BY THE GOVERNMENT
Sr. No. Description of violation Proposed composition rates
1. Projection out of zoning Upto 2’ @ Rs 12/- per sft.
from 2’ to 4’ @ Rs. 14/- per sft.
4’ to51/2 @ Rs. 16/- per sft
51/2 to 6’ @ Rs. 20/- per sft
(above 6’ not compoundable)
2. Stair case steps out of zoning Up to 6 numbers @ Rs. 200/- each (above 6
numbers not compoundable)
3. Winder in steps Rs. 100/- each
4. Extra coverage within permissible
area
@ Rs. 30/- per sft
5 Zoning violation upto 50sft. @ Rs 200/- per sft Above @ Rs.
600/- per sft
6. Cup board out of zoning
Bay window out of zoning
@ Rs. 20/- per sft
@ Rs. 30/- per sft
7. Canopy not covered
Canopy covered
@ Rs. 20/- per sft
@ Rs. 30/- per sft
8. Every minor internal changes @ Rs. 200/- lumpsum
9. D.P.C. Certificate not taken Rs. 500/- lumpsum
10. House occupying Rs. 500/- lumpsum
11. Ventilation not provided in kitchen Rs. 200/- lumpsum
12. Unauthorized constructions raised in
zoning violation in cases other than
industrial use in MCF area subject to
@ Rs. 600/- per sft
104
maximum limit or 10% of
permissible coverage (Zoning
violations in front set back shall not
be compounded)
13. Unauthorized construction within
permissible building zone which is
permissible under the rules
@ 5% to 15% of capital cost of unauthorized
construction.
PART XIV
MISCELLANEOUS
Maintenance of Records in respect of Composition of unauthorized
constructions, Demolition, & Appeal
136. Register of applications for permission and licences [ Sections 349 (2) and
392 (D)].— The Commissioner shall maintain the following registers in the form
noted against each in respect of permissions or licences granted or refused by him
under section 349 and in respect of orders of demolition issued under sub-section
(2) of section 351A of the Act:-
(a) A register in Form M-I showing particulars of all cases in
which permission to erect or re-erect a building in existence immediately before
the commencement of the Act and involving structural alteration or addition,
within 30 meters of a scheduled road or 100 meters of bye-pass or for laying out of
a means of access to a scheduled road / or any other road under section 347 is
granted or refused.
(b) A register in Form M-II in which particulars of all cases in
which permission to erect or re-erect a building or make or extend an excavation or
to lay out means in a Corporation area is granted or refused.
(c) A register in Form M-III in which particulars of all cases in
which permission for change of use of land within a Corporation area for the
105
purpose of setting up a private colony is granted or refused.
(d) A register in Form M-IV in which particulars of all cases in
which licences in a corporation area outside urbanizable limits for charcoal-kiln,
lime-kiln, brick-kiln or brick field or for quarrying stone, bajri, surkhi, kankar or
for some other similar extractive or ancillary operation or stone crusher unit is
granted or refused.
(e) A register in Form M-V showing particulars of all cases in
which orders of demolition under sub-section (2) of section 351A are issued.
137. Copies and Fees [ Sections 349 (2) and 392 (D)].—Copies of survey record,
field book, plans, orders and other documents prepared under the Act shall be
available on payment of the fees mentioned below:-
1. For copies of entries in the register or linear map
(a) Entries in register Rs. 100 per entry
(b) Linear map Rs. 10.00 for every one
mile of the road or part thereof
indicated in the map.
2. Copy of entries in the registers
mentioned in rule 90. Rs. 1.00 per entry.
3. Copy of orders of the Director granting
or refusing permission under section 349
of the Act. Rs. 2.00 per order.
4. Copy of development plan drawing
of a corporation area. Rs. 10.00 per order.
5. Copy of development plan including
all enclosures. Rs. 30.00
106
6. Duplicate licence Rs. 2.00
7. Other records. Rs. 1.00 per page.
__________________________________________________________________.
Note.- (1) Preparation of copies of documents shall not be undertaken
unless the prescribed fees have been deposited by the applicant in advance in the
office concerned.
(2) Copying fee once paid shall not be refunded.
138. Order of demolition under section 261(1) [ Sections 351A (2) and 392 P.--
Where a person erects or re-erects any building or makes or extends any
excavation or lays out any means of access to a road, in contravention of provision
of section 347 in contravention of any conditions imposed by these rules or by an
order under section 349 or section 350, or uses any land in contravention of the
provisions of sub-section (1) of section 348 or section 350, the Commissioner shall
issue an order under sub-section (2) of section 261(1) to the said person in Form
M-VII:
Provided that a reasonable opportunity shall be given to the defaulter to
show cause by notice in Form M-VI before issuing the said order of demolition.
139. Procedure for hearing appeals [ Section 350].— (1) An appeal instituted
before the Commissioner & Secretary under section 350 shall bear of court fee
stamp of ten rupees.
(2) The memorandum of appeal containing ground of appeal shall be
accompanied by a copy or order appealed against as a sketch / plan of the building
/ site in question.
(3) The Commissioner & Secretary shall hear the appellant and call for
the comments of the Commissioner, Municipal Corporation , Faridabad who
passed the order appealed against, and shall consider these comments before final
107
disposal of the appeal.
140. Registration of Plumbers [ Section 214 & 392 (D)] :- Application for
registration / licence under section 214 of the Act with the Municipal Corporation
shall be submitted to the Commissioner.
141. Repeal and Savings [ Section 418 ] :- Any rule relating to the Building
rules and applicable to the Municipal Corporation area before the commencement
of these rules, are hereby repealed :-
Provided that any order made or action taken under the rules so
repealed shall be deemed to have been made or taken under the corresponding
provision of these rules.
FORM CL-1